Burr v. Willson
Supreme Court of Minnesota
Plaintiff sold and delivered to defendant, at Winona, a stock of goods. In payment of $2,500.00 of tbe purchase money the defendant assigned to plaintiff, “without recourse,” an interest to that amount in a judgment of the United States Circuit Court for the Eastern District of Wisconsin, for $5,398.13, in favor of defendant and against one E. E. Wilson, of Eau Claire, in that state, with authority to plaintiff to enforce payment of the same to such amount.
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Plaintiff sold and delivered to defendant, at Winona, a stock of goods. In payment of $2,500.00 of tbe purchase money the defendant assigned to plaintiff, “without recourse,” an interest to that amount in a judgment of the United States Circuit Court for the Eastern District of Wisconsin, for $5,398.13, in favor of defendant and against one E. E. Wilson, of Eau Claire, in that state, with authority to plaintiff to enforce payment of the same to such amount. Plaintiff having tendered a reassignment of the judgment, and demanded payment of $2,500.00 as the balance due upon the sale, brought…
1Opinion of the CourtCornell, J.
The issues of fact having been found in favor of the plaintiff by the verdict of the jury, the substantial averments of the complaint must be taken as true, unless there is such a want of evidence upon some material issue as would justify an appellate court in interfering with the verdict on that ground. A careful examination of the testimony satisfies us that the verdict cannot be disturbed on the ground of the insufficiency of the evidence to support it, without invading the province of the jury, and reversing its judgment in regard to the weight of evidence and the credibility of witnesses.
2Cases cited6 opinions
- Upton v. VailNew York Supreme Court · 1810
- Hubbard v. . BriggsNew York Court of Appeals · 1865
- Munson v. AtwoodSupreme Court of Connecticut · 1861
- Knowles v. ScribnerSupreme Judicial Court of Maine · 1869
- Nininger v. KnoxSupreme Court of Minnesota · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Public Motor Service, Inc. v. Standard Oil Co. of New JerseyCourt of Appeals for the D.C. Circuit · 1938
- Griffin v. FarrierSupreme Court of Minnesota · 1884
- Redding v. WrightSupreme Court of Minnesota · 1892
- Skeels v. PorterSupreme Court of Iowa · 1914
- Schwalbach v. JonesArizona Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.