William Deering & Co. v. Shumpik
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Hennepin county, Pond, J., denying a motion for a new trial. Appellant contends that the conversation by telephone should not have been admitted in evidence: (1) Because there was no identification of the party sufficient to justify the contention that it was Mr. McKee who telephoned, the latter having testified that he never had any conversation with defendant over the telephone. Oberman B. Co. v. Adams, 35 Ill.
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Appeal by plaintiff from an order of tbe district court for Hennepin county, Pond, J., denying a motion for a new trial. Appellant contends that the conversation by telephone should not have been admitted in evidence: (1) Because there was no identification of the party sufficient to justify the contention that it was Mr. McKee who telephoned, the latter having testified that he never had any conversation with defendant over the telephone. Oberman B. Co. v. Adams, 35 Ill. App. 540. (2) The conversation was immaterial in view of the fact that defendant afterward had the bond in his own hands,…
1Opinion of the CourtCanty, J.
One Vaughn was in the employ of plaintiff as collector, and he, as principal, and the defendant, as surety, signed a bond payable to plaintiff, conditioned that Vaughn would account for, pay over, and deliver to plaintiff all moneys and securities belonging to it, coming into his hands. Vaughn collected $695 of the plaintiff’s money, which he failed to pay over or account for, and this action is brought to recover the same on the bond. The defense is that the bond was signed by defendant under an agreement with plaintiff that it should not take effect or be considered as executed or delivered…
2Cited by5 opinions
- State Ex Rel. Trimble v. HedmanSupreme Court of Minnesota · 1971
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Gilpin v. SavageNew York Supreme Court · 1908
- Katzmarek v. Weber Brokerage Co.Supreme Court of Minnesota · 1943
- City of St. Paul v. CaulfieldSupreme Court of Minnesota · 1959