Newell v. Houlton
Supreme Court of Minnesota
Plaintiffs in their complaint declare upon two promissory notes dated October 27, 1878, and payable at thirty and. seventy-five days after date respectively, “ with interest after maturity at the rate of twelve per cent, per annum until ¡laid.” The}r also allege, as a third cause of action,, an account for goods sold and delivered.
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Plaintiffs in their complaint declare upon two promissory notes dated October 27, 1878, and payable at thirty and. seventy-five days after date respectively, “ with interest after maturity at the rate of twelve per cent, per annum until ¡laid.” The}r also allege, as a third cause of action,, an account for goods sold and delivered. They admit various payments made by defendant, from time to time, to an-amount greater than the account sued on, and aver that these payments were, with defendant’s consent, so applied as to pay the account in full,. and that the surplus was-applied on the note…
1Opinion of the CourtG-ilfillan, C. J.
On the trial a witness for the plaintiffs, who was shown the plaintiffs’ cash-book, testified that it contained the original entries of cash transactions; that the entries were in his handwriting, were made at the time •of the transactions, and were just and true; and, after examining it, that he 'had no present recollection of any of the circumstances connected with the item which the book was offered to prove. The entry was then allowed, against defendant’s objection, to be read to the jury. The entry, After being thus verified, was proper evidence to go to the jury, in connection with the…
2Cases cited7 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Guy v. . MeadNew York Court of Appeals · 1860
- Insurance Company v. WeideSupreme Court of the United States · 1870
- Mason v. Callender, Flint, & Co.Supreme Court of Minnesota · 1858
- Talcott v. MarstonSupreme Court of Minnesota · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Walker v. LarsonSupreme Court of Minnesota · 1969
- Smith v. CraneSupreme Court of Minnesota · 1885
- Beebe v. WilkinsonSupreme Court of Minnesota · 1883
- Howe v. CochranSupreme Court of Minnesota · 1891
- White v. IltisSupreme Court of Minnesota · 1877
5 more not listed; retrieve them via the Exa API.