Thayer v. Barney
Supreme Court of Minnesota
This action was brought in the District Court for Bamsey county. Issue was joined, and the cause referred to a referee, who tried the same, and reported in favor of the defendant. A motion for a new trial was made to the said District Court upon a case made and settled, which was granted.
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This action was brought in the District Court for Bamsey county. Issue was joined, and the cause referred to a referee, who tried the same, and reported in favor of the defendant. A motion for a new trial was made to the said District Court upon a case made and settled, which was granted. Yarious exceptions were taken on the trial before the referee to the admission of evidence, which sufficiently appear in the opinion of the court, except that upon such trial the plaintiff offered to show the contents of a lost receipt, which was objected to by the defendant, on the ground that no foundation…
1Opinion of the Court
By the Gourt.
Berry, J.
This is an action upon a promissory note. The answer of the defendant (now appellant) sets up first, a counter claim for board and washing furnished the respondent. In further defense, the answer alleges that from January 18th to July 13th, 1861, the parties to this action were partners, keeping the City Hotel in St. Paul; that on said 13th day of July, the respondent wishing to retire from the business, made an agreement with the appellant, to the effect that the appellant should pay to the respondent the sum originally put -into the partnership by the respondent, about…
2Cases cited2 opinions
- Carson v. SmithSupreme Court of Minnesota · 1860
- Desnoyer v. McDonald, Geisse & Co.Supreme Court of Minnesota · 1860
3Cited by5 opinions
- Groff v. RamseySupreme Court of Minnesota · 1872
- Moreland v. LawrenceSupreme Court of Minnesota · 1876
- Owsley v. GreenwoodSupreme Court of Minnesota · 1872
- Burke v. AdairWest Virginia Supreme Court · 1883
- Dryden v. StephensWest Virginia Supreme Court · 1881