Winston v. Young
Supreme Court of Minnesota
Appeal by plaintiff, Mary E. Winston, from an order of the District Court of Hennepin County, Canty, J., made July 2, 1892, denying her motion for a new trial. The defendant, Winthrop Young, was on May 20, 1886, one of the executors of the will of James A. Lovejoy, deceased, and plaintiff was a legatee. At the time of his death, Lovejoy was indebted to defendant’s daughter Emily S. Kimball about $9,000 for real estate which he had contracted to purchase of her.
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Appeal by plaintiff, Mary E. Winston, from an order of the District Court of Hennepin County, Canty, J., made July 2, 1892, denying her motion for a new trial. The defendant, Winthrop Young, was on May 20, 1886, one of the executors of the will of James A. Lovejoy, deceased, and plaintiff was a legatee. At the time of his death, Lovejoy was indebted to defendant’s daughter Emily S. Kimball about $9,000 for real estate which he had contracted to purchase of her. On that day defendant told Mrs. Winston that $2,500 of the money owing to Mrs. Kimball was past due; that the estate had no ready…
1Opinion of the CourtGileillan, C. J.
A previous action between these parties, upon substantially the same cause of action, came here on appeal, and is decided in 47 Minn. 80, (49 N. W. Rep. 521.) On that appeal the only question presented and passed on was whether a representation by defendant, an executor of the will of Lovejoy, that the estate was solvent and would have money enough to repay what plaintiff should pay on its account, was, for the purpose of an action for deceit, a representation of fact, or only the expression of an opinion, and we held it the former. The question of the materiality of the representation of…
2Cases cited1 opinion
- Winston v. YoungSupreme Court of Minnesota · 1891
3Cited by8 opinions
- Leif M. Hanson v. Ford Motor Company, a CorporationCourt of Appeals for the Eighth Circuit · 1960
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- Rien, Trustee, Etc. v. CooperSupreme Court of Minnesota · 1942
- State Ex Rel. Larson v. Probate CourtSupreme Court of Minnesota · 1938
- A. L. Goetzmann Co. v. GazettSupreme Court of Minnesota · 1927
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