Przyblyski v. Pellowski
Supreme Court of Minnesota
Action in the district court for Winona county to recover $3,180. The answer alleged, among other matters, that on February 27, 1917, judgment was rendered in an action between the same parties; set up that judgment as a bar to the present action, and interposed counterclaims for $276.10. The case was tried before Callaghan, J., who made findings and ordered judgment in favor of plaintiff for $1,578.25. From the judgment entered pursuant to the order for judgment, defendant…
Read the full summary
Action in the district court for Winona county to recover $3,180. The answer alleged, among other matters, that on February 27, 1917, judgment was rendered in an action between the same parties; set up that judgment as a bar to the present action, and interposed counterclaims for $276.10. The case was tried before Callaghan, J., who made findings and ordered judgment in favor of plaintiff for $1,578.25. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtHolt, J.
In the fall of 1915, plaintiff rented a farm from defendant for three years, a written lease being executed. Defendant also, at the same time, sold to plaintiff certain live'stock and personal property for the sum of $3,600. This transaction was evidenced by a formal bill of sale. Possession of the farm and personal property was taken at once. The next spring the Mississippi river overflowed, and the farm, which borders the east bank of the river, was entirely inundated, except where railway embankments existed. Sixteen head of plaintiff’s cattle were drowned, also some hogs and chickens; and…
2Cases cited6 opinions
- Thompson v. MyrickSupreme Court of Minnesota · 1877
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Kinzel v. Boston & Duluth Farm Land Co.Supreme Court of Minnesota · 1914
- Veline v. DahlquistSupreme Court of Minnesota · 1896
- Pierro v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Melady-Briggs Cattle Corp. v. Drovers State BankSupreme Court of Minnesota · 1942
- Fox v. FoxSupreme Court of Minnesota · 1923
- Ross v. Amiret Farmers Elevator Co.Supreme Court of Minnesota · 1929
- United States Installment Realty Co. v. DeLancy Co.Supreme Court of Minnesota · 1922
- O'Neil v. RuebSupreme Court of Minnesota · 1943