Thomson-Houston Electric Co. v. Palmer
Supreme Court of Minnesota
Appeal by plaintiff, Thomson-Houston Electric Company, from an order of the District Court of Eamsey County, Otis, J., made August 5, 1892, granting defendant a new trial.
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Appeal by plaintiff, Thomson-Houston Electric Company, from an order of the District Court of Eamsey County, Otis, J., made August 5, 1892, granting defendant a new trial. The Thomson-Houston Electric Company, a corporation, sold between December 1, 1888, and April 13, 1889, to Frank E. Palmer and J. F. Thompson, partners in business, merchandise to the value of $9,084. On the last-named day they gave to plaintiff therefor, two notes for $4,542 each, made by J. F. Thompson and indorsed by Prank E. Palmer, one-due in six > and the other, in twelve months, with eight per cent, interest, payable…
1Opinion of the CourtMitchell, J.
This action was brought on an account for goods, wares, and merchandise sold and delivered in Chicago, Ill., by plaintiff to defendant and one Thompson. Thompson was a nonresident, and was not served with process, and never appeared, so that the action proceeded against Palmer alone. His principal defense was that the account had been paid by promissory notes executed by Thompson and indorsed by himself, and which he alleged plaintiff received and accepted as payment of the account. The giving and receiving of the notes for the amount of the account (a pre-existing debt) was not disputed.
Altho…
2Cases cited5 opinions
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- White v. JonesIllinois Supreme Court · 1865
- Ely v. JamesMassachusetts Supreme Judicial Court · 1877
- Gilman Bros. v. StevensSupreme Court of New Hampshire · 1885
3Cited by18 opinions
- Combined Insurance Co. of America v. BodeSupreme Court of Minnesota · 1956
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
- Travelers Insurance Co. v. American Fidelity & Cas. Co.District Court, D. Minnesota · 1958
- Larx Co. Inc. v. NicolSupreme Court of Minnesota · 1946
- Christiansen v. William Graver Tank WorksIllinois Supreme Court · 1906
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