Beard v. First National Bank
Supreme Court of Minnesota
Plaintiff, as administratrix of the estate of Pauline Ende, deceased, brought this action in the municipal court of Minneapolis, to recover the amount ($150) of a certificate of deposit, in the usual form, issued by defendant in favor of Pauline Ende in' her lifetime. The answer admitted the issue of the certificate to the intestate, but denied that she held it or had any interest in it at the time of her death.
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Plaintiff, as administratrix of the estate of Pauline Ende, deceased, brought this action in the municipal court of Minneapolis, to recover the amount ($150) of a certificate of deposit, in the usual form, issued by defendant in favor of Pauline Ende in' her lifetime. The answer admitted the issue of the certificate to the intestate, but denied that she held it or had any interest in it at the time of her death. After the decision of a former appeal, (39 Minn. 546,) the action was again tried, and defendant had a verdict. The plaintiff appeals from an order refusing a new trial. It appeared…
1Opinion of the CourtDickinson, J.
The .decision upon a former appeal in this case is reported in 39 Minn. 546, (40 N W. Rep. 842.) The case now before us presents the proceedings at the second trial of the cause. The third assignment of error relates to the receiving of evidence that Julius Ende paid part of the money, received upon the certificate of deposit, to the undertaker for funeral expenses of his mother. If this was error, it was without prejudice, for the witness had testified to the same fact before the question was asked to which the objection was interposed; and the testimony thus given without objection was…
2Cases cited1 opinion
- Beard v. First National Bank of MinneapolisSupreme Court of Minnesota · 1888
3Cited by1 opinion
- Meagher v. FogartySupreme Court of Minnesota · 1915