Smith v. Dukes
Supreme Court of Minnesota
APPEAL EEOM THE DISTRICT COURT OP EARIBAULT OOUNTT. Points of Appellant: I. — 'Tbe pleadings in this action show ¡that the Plaintiff sought to recover the amount of four promissory notes of $300 each, with interest. That said notes were given in part payment of a large stock of merchandise.
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APPEAL EEOM THE DISTRICT COURT OP EARIBAULT OOUNTT. Points of Appellant: I. — 'Tbe pleadings in this action show ¡that the Plaintiff sought to recover the amount of four promissory notes of $300 each, with interest. That said notes were given in part payment of a large stock of merchandise. The answer avers that after terms of sale had been agreed upon, and before the closing of the contract, conveyance of the bond or giving of the notes, and whilst said goods remained in custody or control of Plaintiff, the Plaintiff, without the knowledge or consent of Defendant, abstracted, removed and…
1Opinion of the Court
By the Oourt
Elandbau, J.
The action is upon four promissory notes for $300 each — a balance due upon a purchase of a stock of goods. Tbe defence is, tbat the Plaintiff warranted tbe goods to be of tbe value of $4,000, and that they were not of tbat value, and also tbat tbe Plaintiff bad abstracted goods to tbe amount of $1,516.25 before delivery, &c. Tbe Defendant proved tbat after taking tbe goods lie made an inventory of them, and found tbat they were in value but $2,862.82, including tbe safe at $50, and some other articles tbat be did not get, wbicb would reduce tbe value still lower. A…
2Cited by4 opinions
- Egner v. States Realty Co.Supreme Court of Minnesota · 1947
- Deakin v. UnderwoodSupreme Court of Minnesota · 1887
- Nickey v. ZonkerIndiana Court of Appeals · 1899
- Trustees of German Evangelical Lutheran St. John's Congregation v. Merchants National BankSupreme Court of Minnesota · 1917