Moline Plow Co. v. Gilbert
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Minnehaha County. Tbe opinion states the facts. Points and authorities in brief: The court erred in admitting in evidence the letter-press copy of plaintiff’s letter of March 14, 1878, to Gilman, no proper foundation therefor having been laid: Foot v. Bentley, 44 N. Y., 166; Delcmey v. Erickson, 6 N. W. Rep., (Neb.) 600; 73 111., 161; 57 Ga., 50. The court erred in its refusal to submit to the jury certain special issues, and instruct them…
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Appeal from the District Court of Minnehaha County. Tbe opinion states the facts. Points and authorities in brief: The court erred in admitting in evidence the letter-press copy of plaintiff’s letter of March 14, 1878, to Gilman, no proper foundation therefor having been laid: Foot v. Bentley, 44 N. Y., 166; Delcmey v. Erickson, 6 N. W. Rep., (Neb.) 600; 73 111., 161; 57 Ga., 50. The court erred in its refusal to submit to the jury certain special issues, and instruct them that in their discretion they might find special verdicts thereon, as requested by defendants. This is an action for the…
1Opinion of the CourtKidder, J.
This action was brought upon a letter of guarantee, *241which was as follows:
“ Sioux Falls, Dl T., March 9, 1878.
•“ MoU/ne Plow <?<?., Moline, Illinois:
“ Sirs:- — We, the undersigned, are acquainted with Peter Gil- ■“ man of this place, (formerly of Eondulac, Wisconsin,) and have no hesitation in endorsing him as an honest, capable business •“ man, and deserving of confidence and credit. We think your -“ informant in regard to Mr.. Gilman’s business ability and capacity •“ was in error, if not selfish and malicious. We will satisfy all ■“ orders Mr. Gilman .gives this spring — such as plows and…
2Cases cited4 opinions
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Jones v. . Brooklyn Life Ins. Co.New York Court of Appeals · 1874
- Schultz v. CremerSupreme Court of Iowa · 1882
- Peck v. SnyderMichigan Supreme Court · 1864
3Cited by4 opinions
- Putnam v. ProutyNorth Dakota Supreme Court · 1913
- McCormack v. PhillipsSupreme Court Of The Territory Of Dakota · 1887
- Ashe v. George M. Beasley & Co.North Dakota Supreme Court · 1896
- Landis v. FylesNorth Dakota Supreme Court · 1909