Stevens v. Johnson
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Sibley county, on the two instruments described in the opinion, which had been sold and endorsed to him by the payees, before maturity. The defendant in his answer alleged a breach of the warranty accompanying the sale of the machines for the price of which these instruments were given, and damages from such breach in excess of the amount due on the instruments sued on, but he did not ask any affirmative relief.
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Plaintiff brought this action in the district court for Sibley county, on the two instruments described in the opinion, which had been sold and endorsed to him by the payees, before maturity. The defendant in his answer alleged a breach of the warranty accompanying the sale of the machines for the price of which these instruments were given, and damages from such breach in excess of the amount due on the instruments sued on, but he did not ask any affirmative relief. At the trial, before -Macdonald, J., the jury, under direction of the court, returned a verdict for the plaintiff for the…
1Opinion of the CourtBerry, J.
This action is brought upon two like written instruments, of which the following is one:
*173“Exhibit A.
“$38.00. New Ulm, Minn., April 1, 1873.
“On or before the first day of June, 1876, for value received in a. Minnesota Seeder, I promise to pay to Thompson & Duncan, or order,. thirty-eight dollars, payable at the-in New Ulm, with interest at 10 per cent, per annum, payable annually, from date until paid; and in addition I will pay five dollars attorney’s fees if the note is collected by suit. For the purpose of obtaining credit, I certify that I own in my own name 80 acres of land, with 40 acres…
2Cases cited3 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Third National Bank v. ArmstrongSupreme Court of Minnesota · 1879
- Broughton v. ShermanSupreme Court of Minnesota · 1875
3Cited by10 opinions
- Altman v. RittershoferMichigan Supreme Court · 1888
- Laney v. IngallsSouth Dakota Supreme Court · 1894
- Torinus v. BuckhamSupreme Court of Minnesota · 1882
- Fleming v. SherwoodNorth Dakota Supreme Court · 1912
- Hughitt v. JohnsonU.S. Circuit Court for the District of Eastern Missouri · 1886
5 more not listed; retrieve them via the Exa API.