McCormick Harvesting-Machine Co. v. Wilson
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Douglas county, Collins, J., presiding, refusing a new trial after verdict in its favor for $79.25. The action was to recover $1,422.62, on eight causes of action alleged in the complaint, those after the first being on promissory notes, and the first being thus stated: “That on the 31st day of December, 1882, the defendant was and still is indebted to this plaintiff on account of money had and received by the…
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Appeal by plaintiff from an order of the district court for Douglas county, Collins, J., presiding, refusing a new trial after verdict in its favor for $79.25. The action was to recover $1,422.62, on eight causes of action alleged in the complaint, those after the first being on promissory notes, and the first being thus stated: “That on the 31st day of December, 1882, the defendant was and still is indebted to this plaintiff on account of money had and received by the defendant to the use of this plaintiff, and on account of goods, wares, and merchandise sold and delivered by the plaintiff…
1Opinion of the Court
Gtleillan, C. J.1
The evidence of payments reducing the amount-due at the time of the statement of accounts was proper, because the-complaint as to the items included in that cause of action did not-rely on the account stated, but, without alleging the accounting, declared on the original transactions; and where the issue tendered and. accepted treats the original transactions as still open for proofs, either party may offer proofs upon them. Northern Light Packet Co. v. Platt, 22 Minn. 413.
As to the several notes described in the complaint after the first two, (those two being barred by the…
2Cases cited4 opinions
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Merchants' Exchange Bank v. LuckowSupreme Court of Minnesota · 1887
- Skaaraas v. FinneganSupreme Court of Minnesota · 1883
- Northern Line Packet Co. v. PlattSupreme Court of Minnesota · 1876
3Cited by13 opinions
- Meagher v. KavliSupreme Court of Minnesota · 1958
- Samuel H. Chute Co. v. LattaSupreme Court of Minnesota · 1913
- Security National Bank of Minneapolis v. PulverSupreme Court of Minnesota · 1915
- Mendenhall v. UlrichSupreme Court of Minnesota · 1905
- Graham v. SavageSupreme Court of Minnesota · 1910
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