Olson v. Dahl
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,613.-95, and interest, upon a judgment recovered by plaintiff against defendant in 1890 in an action upon a promissory note.
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Action in the district court for Hennepin county to recover $1,613.-95, and interest, upon a judgment recovered by plaintiff against defendant in 1890 in an action upon a promissory note. The case was tried before Holt, J., and a jury, which returned a verdict in favor of plaintiff for $3,153. From an order denying a motion for judgment notwithstanding the verdict and setting aside the verdict and granting a new trial unless plaintiff stipulate to reduce the verdict to $1,400, defendant appealed.
1Opinion of the CourtBrown, J.
This action was commenced in September, 1905, to recover upon a judgment theretofore, in February, 1890, rendered in favor of plaintiff and against defendant in the district court of Hennepin county for the sum of $1,613.95. Defendant pleaded in defense the statute of limitations, in reply to which plaintiff alleged that on December 24, 1904, defendant paid upon the judgment the sum of $5. The only question litigated in the court below was whether this payment was made upon the judgment, or whether, as contended by defendant, it was a gift by him to plaintiff. The jury by their verdict for…
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