Warner v. Schulz
Supreme Court of Minnesota
Action before a justice of the peace to recover on a promissory note. The justice rendered judgment in favor of defendant, and plaintiff appealed on questions of law alone to the district court for Clay county. The district court, Baxter, J., reversed the judgment, and from an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtBuck, J.
This action was brought to recover the amount of a promissory note executed by the defendant, Schulz, to the plaintiff, Warner, for the services of a stallion in 1891. There was a prior written instrument or note given by the defendant to plaintiff for the same consideration, amounting to $40, dated July 23, 1891, payable February 1,1892, without interest, and which contained this clause:
“This note is given for the insurance of mare to be with foal; the conditions being that, if said mare does not prove to be with foal, then this note to be null and void.”
After this note became due, Warner…
2Cases cited1 opinion
- Slater v. FosterSupreme Court of Minnesota · 1895
3Cited by1 opinion
- Morrison v. JohnsonSupreme Court of Minnesota · 1921