McMurphy v. Walker
Supreme Court of Minnesota
This action was brought in the district court for Stearns county, to recover the balance due upon two promissory notes, alleged in the complaint to have been executed and delivered by the defendant to tbe plaintiff, on the lOtb September, 1868, and bearing date on that day.
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This action was brought in the district court for Stearns county, to recover the balance due upon two promissory notes, alleged in the complaint to have been executed and delivered by the defendant to tbe plaintiff, on the lOtb September, 1868, and bearing date on that day. The answer alleges that said notes were not delivered till after the 10th September, 1868; that the sole consideration for the notes was the sale and conveyance by the plaintiff to the defendant, on the 11th September, 1868, of three described parcels of land in Pope county, containing altogether two hundred acres, for…
1Opinion of the Court
By the Court.
McMillan, Ch. J.
Upon the trial before the referee, the allegation, in the defendant’s answer, of payment of one thousand dollars upon the notes mentioned in the complaint, was, on the defendant’s own motion stricken out, as appears by the amended return. The allegation in the answer, that “ the notes were not delivered to the plaintiff, till after the 10th of September, 1868,” is a negative pregnant, and raises no material issue. The only issue, therefore, which remained to be tried by the referee, was that in relation to the false representations and warranty as to the character…
2Cases cited1 opinion
- Califf v. HillhouseSupreme Court of Minnesota · 1859
3Cited by11 opinions
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Wilson v. New United States Cattle-Ranch Co.Court of Appeals for the Eighth Circuit · 1896
- Chadbourne v. ReedSupreme Court of Minnesota · 1901
- McMillan v. CheeneySupreme Court of Minnesota · 1883
- Mueller v. JacksonSupreme Court of Minnesota · 1888
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