Paine v. Smith
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Henne-pin county, Koon, J., presiding, refusing a new trial after verdict for defendants.
1Opinion of the CourtMitchell, J.
This action was brought to recover abalance due for lumber sold and delivered by plaintiffs to defendants. The answer admits the purchase and value of the lumber, but alleges a special contract by which the plaintiffs were to accept in payment three promissory notes, secured by mortgage, executed by one Williams and held by defendants, and that in accordance with such agreement they had duly assigned the notes and mortgage and delivered them to plaintiffs, who refused to accept them. The reply denies that plaintiffs agreed to receive the notes in payment, unless defendants should indorse…
2Cases cited3 opinions
- Marshall v. WellsWisconsin Supreme Court · 1859
- Central Bank of Wisconsin v. St. JohnWisconsin Supreme Court · 1863
- Second Ward Savings Bank v. ShakmanWisconsin Supreme Court · 1872
3Cited by19 opinions
- Weller v. HopperIdaho Supreme Court · 1963
- Simms v. SullivanOregon Supreme Court · 1921
- Anchor Casualty Co. v. Bird Island Produce, Inc.Supreme Court of Minnesota · 1957
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
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