Wilson v. Reedy
Supreme Court of Minnesota
The defendants purchased a harvesting and binding machine of plaintiff, as agent for George Esterly & Son, for the sum of $300, and in part-payment gave two promissory notes, each for the sum of $100. This action was brought in the district court for Wabasha county, to recover the amount of these notes, which plaintiff alleges were duly sold and transferred to him, though not indorsed by the payees.
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The defendants purchased a harvesting and binding machine of plaintiff, as agent for George Esterly & Son, for the sum of $300, and in part-payment gave two promissory notes, each for the sum of $100. This action was brought in the district court for Wabasha county, to recover the amount of these notes, which plaintiff alleges were duly sold and transferred to him, though not indorsed by the payees. The answer pleads a counterclaim, by way of recoupment, for an alleged breach of a warranty made upon the sale of the machine. On the trial before Start, J., the defendant Hugh Reedy was allowed…
1Opinion of the CourtMitchell, J.
This case has already been before the court on a former appeal. 32 Minn. 256. The assignments of error on this appeal can be disposed of very briefly.
1. Wilson being a party to the action, any admissions by him as to any fact material to the issues were competent evidence against himself. ■ The contention that his admissions are only admissible against him when they would have been admissible against Esterly & Son, as the admissions of their agent, had they brought the suit, is untenable.
2. The question propounded to the witness Chalmers, viz., “Was *504the trouble with the machine, or the…
2Cases cited1 opinion
- Wilson v. ReedySupreme Court of Minnesota · 1884
3Cited by6 opinions
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
- C. Aultman & Co. v. TorreySupreme Court of Minnesota · 1893
- Chandler v. ThompsonU.S. Circuit Court for the District of Western North Carolina · 1886
- Kirby v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1915
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