In re Hummel's Estate
Supreme Court of Minnesota
Appeal by Charles A. Passavant, Executor of the Will of Eleanora Hummel, deceased, from an order of the District Court of Ramsey County, Wm. Louis Kelly, J., made May 6, 1893, denying his motion for a new trial. On September 1, 1874, John E. Haggenmiller loaned to Joseph Hummel $300 and took his note for the amount, due six months thereafter.
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Appeal by Charles A. Passavant, Executor of the Will of Eleanora Hummel, deceased, from an order of the District Court of Ramsey County, Wm. Louis Kelly, J., made May 6, 1893, denying his motion for a new trial. On September 1, 1874, John E. Haggenmiller loaned to Joseph Hummel $300 and took his note for the amount, due six months thereafter. Joseph Hummel died intestate December 11, 1874, owing this debt and leaving his widow Eleanora Hummel him surviving, but leaving no parent, child or kindred. He owned forty acres of land situated in Washington County worth $1,200 which descended to his…
1Opinion of the CourtCollins, J.
The real question in this case is whether the verdict was supported by the evidence. This verdict necessarily involved the finding that a certain promise to pay money to respondent, Hag-genmiller, was actually made by Mrs. Hummel, now deceased, shortly after the death of her husband, Joseph. It also involved an inquiry as to whether such' promise, if made, as alleged by Hag-genmiller, was a new and original one, supported by a sufficiefit consideration, or collateral merely to the promise to pay made by Mr. Hummel in his lifetime, and evidenced by the note held by Haggenmiller when Hummel…
2Cited by1 opinion
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