Brayley v. Kelly
Supreme Court of Minnesota
Action on a promissory note for $290, made by defendant, to plaintiff, bearing date August 10, 1871, and payable on or before November 1, 1872. Defence, that the note in suit, and another of like date and amount, were given for the price of a threshing-machine; that in the summer of 1872, the defendant and an agent of plaintiff agreed to a rescission of the sale, and that the notes should be returned to defendant, if he would permit such agent to have the machine; that…
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Action on a promissory note for $290, made by defendant, to plaintiff, bearing date August 10, 1871, and payable on or before November 1, 1872. Defence, that the note in suit, and another of like date and amount, were given for the price of a threshing-machine; that in the summer of 1872, the defendant and an agent of plaintiff agreed to a rescission of the sale, and that the notes should be returned to defendant, if he would permit such agent to have the machine; that thereupon the defendant delivered the machine to such agent, who-resold it to one McGregor, and delivered to defendant one of…
1Opinion of the CourtGtlfillan, C. J.
The verdict should be set aside on two grounds. First, the court erred in admitting the printed paper “Exhibit B.” There was nothing to verify it as made by plaintiff, or as coming from him. Eor aught that appears, it may have been made by defendant, or any one else not connected with plaintiff. Second, the transaction upon which defendant relies as a defence to the note sued on, was had with one Wise, and there is no evidence whatever that Wise was, either by previous appointment or subsequent ratification, the agent of the plaintiff.
Order reversed, and new trial ordered.
2Cited by3 opinions
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Finnegan v. LucyMassachusetts Supreme Judicial Court · 1892
- McDonald v. New World Life InsuranceWashington Supreme Court · 1913