Farmers' Warehouse Ass'n v. Montgomery
Supreme Court of Minnesota
Action in the district court for Brown county to- recover $4,091.59, money received by defendant to plaintiff’s use. By consent the case was tried before a referee, who found in favor of plaintiff for $3,638.49. From an order, Webber, J., denying a motion for a new trial provided plaintiff should consent to a reduction of the amount found due to $3,599.19, defendant appealed.
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Action in the district court for Brown county to- recover $4,091.59, money received by defendant to plaintiff’s use. By consent the case was tried before a referee, who found in favor of plaintiff for $3,638.49. From an order, Webber, J., denying a motion for a new trial provided plaintiff should consent to a reduction of the amount found due to $3,599.19, defendant appealed. A good test of the sufficiency of evidence is to inquire whether the material allegations of the complaint put in issue by the answer are proven. In the complaint it is alleged that there has come into defendant’s hands…
1Opinion of the CourtStart, C. J.
The complaint herein alleged that from November 1, 1899, to January 1, 1902, the defendant was the agent and manager of the plaintiff in charge of its business of buying and selling grain, farm products, machinery, implements, and twine, and in operating a grain elevator and conducting a grain elevator business at Sleepy Eye, this state; that on November 1, 1899, there was in the keeping and control of the defendant, as such agent and manager of the plaintiff, the sum of $3,009 in money, the property of the plaintiff; that during the time stated the defendant, as such agent and manager,…
2Cases cited6 opinions
- Lang v. FerrantSupreme Court of Minnesota · 1893
- Snell v. GoodlanderSupreme Court of Minnesota · 1903
- Liesemer v. BurgMichigan Supreme Court · 1895
- Robbins v. LeggSupreme Court of Minnesota · 1900
- Marshall & Ilsley Bank v. ChildSupreme Court of Minnesota · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McShane v. QuillinIdaho Supreme Court · 1929
- Wootton Land & Fuel Co. v. OwnbeyCourt of Appeals for the Eighth Circuit · 1920
- Raymond Farmers Elevator Co. v. American Surety Co.Supreme Court of Minnesota · 1940
- Anderson v. M. Burg & Sons, Inc.Supreme Court of Minnesota · 1927
- Merrill v. ZimmermanSupreme Court of Minnesota · 1922
3 more not listed; retrieve them via the Exa API.