Griswold v. Edson
Supreme Court of Minnesota
Action upon a promissory note, brought in the district court for McLeod county. The answer alleged that the note was given to plaintiff in part payment for a span of horses, and pleaded a counterclaim for damages arising from the breach of an alleged warranty of soundness. The reply denied the making of any warranty. The action was tried before Macdonald, J., and a jury.
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Action upon a promissory note, brought in the district court for McLeod county. The answer alleged that the note was given to plaintiff in part payment for a span of horses, and pleaded a counterclaim for damages arising from the breach of an alleged warranty of soundness. The reply denied the making of any warranty. The action was tried before Macdonald, J., and a jury. The plaintiff having introduced the note in evidence and rested, the defendant was called as a witness in his own behalf, and testified to having purchased the horses from an agent of the plaintiff. Upon being examined by the…
1Opinion of the CourtGilfillan, C. J.
The appellant’s first point makes necessary a construction of Gen. St. 1878, c. 73, § 8, which reads: “It shall not be competent for any party to an action, or interested in the event thereof, to give evidence therein of or concerning any conversation with, or admission of, a deceased or insane party or person, relative to any matter at issue between the parties.”
Prior to 1861, a party could testify to any matter pertinent to the issue. In 1861 the statute was changed so as to exclude a party testifying in his own favor, when the other original party to the contract or cause of action was…
2Cited by3 opinions
- Lowe v. LoweSupreme Court of Minnesota · 1901
- Farmers' Union Elevator Co. v. Syndicate InsuranceSupreme Court of Minnesota · 1889
- Rhodes v. PraySupreme Court of Minnesota · 1887