Legal Opinion
Kelly v. Bronson
Supreme Court of Minnesota
Decided February 27, 1880PublishedCited by 8 opinions
Appeal by plaintiff from a judgment of the district court for Hennepin county, where the action was tried before Vanderburgh, J., a jury being waived.
1Opinion of the CourtBerry, J.
On July 29, 1874, C. Anderson made and delivered to plaintiff a written order, as follows:
*360“Stillwater, Minn., July 29, 1874.
“Bronson é Folsom — Gents : Please pay Anthony Kelly the sum of $250, out of avails, when received, from the sale of logs in your hands belonging to me, and oblige yours, etc.,
“C. Anderson.”
Plaintiff on the same day presented the order to defendants, who thereupon wrote the following across its face: “Stillwater, Minn., July 29, 1874. Accepted. Bronson & Folsom.”
The order, being payable out of a particular fund, is not a bill of exchange. Story on Bills, § 46 ; Daniell…
2Cases cited3 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Butler v. WhiteSupreme Court of Minnesota · 1879
- Camp v. ThompsonSupreme Court of Minnesota · 1878
3Cited by8 opinions
- Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
- Board of Trustees of Ripon College v. BrownSupreme Court of Minnesota · 1896
- T. R. Foley Co. v. McKinleySupreme Court of Minnesota · 1911
- Seibert v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1894
- Johnson v. CarlinSupreme Court of Minnesota · 1911
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