Minneapolis Harvester Works v. Hally
Supreme Court of Minnesota
Action in the district court for Scott county to recover the balance due on a promissory note. On the trial, before Macdonald, J., and a jury, the plaintiff introduced in evidence the instrument set forth in the opinion, and it further appeared from the complaint and undisputed evidence that plaintiff, previously to bringing this action, had taken the machines, mentioned in the instrument from the possession of the defendant, sold them, and applied the proceeds in…
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Action in the district court for Scott county to recover the balance due on a promissory note. On the trial, before Macdonald, J., and a jury, the plaintiff introduced in evidence the instrument set forth in the opinion, and it further appeared from the complaint and undisputed evidence that plaintiff, previously to bringing this action, had taken the machines, mentioned in the instrument from the possession of the defendant, sold them, and applied the proceeds in part-payment. The defendant had a verdict, and plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtBerry, J.
This action is brought upon the following instrument :
“$240. Belle Plaine, Minn., October 5, 1878.
“On or before the first day of September, 1879, for value received in two M. L. reapers, I promise to pay, to the order of the Minneapolis Harvester Works, two hundred and forty dollars, at the office of Minneapolis Harvester Works, in Minneapolis, Minn., with interest at the rate of 12 per cent-per annum from date until paid; agreed, that if paid at maturity, (or in thirty days thereafter,) then the interest shall be nothing. And I further agree, in consideration of the credit herein given, that…
2Cases cited1 opinion
- Third National Bank v. ArmstrongSupreme Court of Minnesota · 1879
3Cited by25 opinions
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Ratchford v. Cayuga County Cold Storage & Warehouse Co.New York Court of Appeals · 1916
- Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907
- Russell v. MartinMassachusetts Supreme Judicial Court · 1919
- Alden v. Dyer & BrotherSupreme Court of Minnesota · 1904
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