Nininger v. Knox
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and Authorities for Appellants. I, — The learned Court below erred in admitting the evidence of J. A. W. Jones and John Nininger, as to the con. versation or instructions of the Plaintiff in relation to the evidence of the endorser of the note in question, the same being wholly immaterial and incompetent.
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APPEAL FROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and Authorities for Appellants. I, — The learned Court below erred in admitting the evidence of J. A. W. Jones and John Nininger, as to the con. versation or instructions of the Plaintiff in relation to the evidence of the endorser of the note in question, the same being wholly immaterial and incompetent. II. — The learned Court erred in not ruling the said testimony out, as incompetent for the purposes for which the Plaintiff offered it, of claimed it to be admissible, to-wit, as part of the transaction and corroborative evidence,…
1Opinion of the Court
By the Court
Atwater, J.
The cause of action in this case, and the pleadings, are .substantially the same as in the case of Nininger vs. Borup, 5 Minn., 523, it being a claim for damages arising from the neglect of the Defendants t.o give notice of protest of a note to the endorser, whereby he was discharged. The Plaintiff, maker of the note, and endorser, are the same as those named in the case above cited, the note being one arising out of the same transaction as there stated, and a reference to that case will render unnecessary any more particular statement of facts in this. There was a…
2Cases cited4 opinions
- Williams v. BaldwinNew York Supreme Court · 1821
- St. Martin v. DesnoyerSupreme Court of Minnesota · 1854
- Borup v. NiningerSupreme Court of Minnesota · 1861
- Fellows v. EmperorNew York Supreme Court · 1852
3Cited by12 opinions
- Lacy v. County of KossuthSupreme Court of Iowa · 1898
- O'Toole v. FaulknerWashington Supreme Court · 1904
- Tarbox v. GotzianSupreme Court of Minnesota · 1873
- Burr v. WillsonSupreme Court of Minnesota · 1875
- State ex rel. Town of White Oak Springs v. ClementsonWisconsin Supreme Court · 1887
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