Bettis v. Schreiber
Supreme Court of Minnesota
Action on three promissory notes, against an indorser, brought in the district court for Clay county. On the trial, before Stearns, J., and a jury, plaintiff introduced in evidence the notes indorsed by defendant, with certificates of protest and notice by a notary in Oil City, Pennsylvania, where the notes were made and were payable, and then rested his case.
Read the full summary
Action on three promissory notes, against an indorser, brought in the district court for Clay county. On the trial, before Stearns, J., and a jury, plaintiff introduced in evidence the notes indorsed by defendant, with certificates of protest and notice by a notary in Oil City, Pennsylvania, where the notes were made and were payable, and then rested his case. The certificates, after reciting the presentment, demand, etc., stated “whereof I duly notified the endorser,” and contained nothing more as to any notice given to the defendant. Defendant having testified that at the date of the…
1Opinion of the CourtVanderburgh, J.
After the plaintiff had rested, and one witness had been examined on behalf of the defendant, plaintiff interposed a motion to dismiss the action, which was overruled by the court. The plaintiff bases his right to dismiss upon Gen. St. 1878, c. 66, § 262, subd. 1, and insists that the words “before trial,” in that section, mean before the submission of the ease to the court or jury. But this -would evidently do away with any distinction as respects the time for such dismissal by the plaintiff, between subdivisions 1 and 3 of the section.
The words “before trial” mean before the commencement of…
2Cases cited5 opinions
- Wilson v. RichardsSupreme Court of Minnesota · 1881
- St. Anthony Falls Water-Power Co. v. Kings Wrought-iron Bridge Co.Supreme Court of Minnesota · 1876
- Union Bank v. MiddlebrookSupreme Court of Connecticut · 1865
- Pattee v. McCrillisSupreme Judicial Court of Maine · 1866
- Ticonic Bank v. StackpoleSupreme Judicial Court of Maine · 1856
3Cited by7 opinions
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Hutchings v. Royal BakeryOregon Supreme Court · 1911
- Day v. MountinSupreme Court of Minnesota · 1903
- Yusky v. Chief Consol. Mining Co.Utah Supreme Court · 1925
- Corder v. CorderCourt of Appeals of Texas · 1945
2 more not listed; retrieve them via the Exa API.