Good v. Singleton
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the municipal court of St. Paul, affirming that of a justice of the peace. The action was for goods sold, and one defence was payment.
1Opinion of the CourtVanderburgh, J.
Plaintiffs were entitled to judgment for the amount of their claim. The evidence fails to establish the defendant’s plea of payment. He claims to have paid the amount due by certified check. But the check it appears was returned to him, received, indorsed by him, and collected of the bank. This is the fair inference to be derived from the evidence, in which there is no conflict. He, and not plaintiffs, then, has had the benefit of the check. If he relied upon the circumstance of the delivery of the check as payment, he should have retained and produced it on the trial for the use of the…
2Cited by5 opinions
- McFadden v. FollrathSupreme Court of Minnesota · 1911
- Dille v. WhiteSupreme Court of Iowa · 1906
- First National Bank v. McConnellSupreme Court of Minnesota · 1908
- Goodall v. NortonSupreme Court of Minnesota · 1902
- Estey v. BirnbaumSouth Dakota Supreme Court · 1896