Gunnaldson v. Nyhus
Supreme Court of Minnesota
Appeal by defendant, Elling Nyhus, from a judgment of the district court for Fillmore county, Page, J., presiding, against himself and one Gunne Olson.
1Opinion of the CourtGilfillan, C. J.
Action on a promissory note. The defendant appealing alleged in his answer, as one defence, the *441•sale at public auction, by a person not licensed as an auctioneer, and who was at the time known to plaintiff to be unlicensed, of personal property belonging to plaintiff, to the other ■defendant, joint maker of the note; and that'the note was .given for the price bid at such sale, which formed the sole consideration for the note. Evidence of this defence was objected to and excluded at the trial, on the ground that the facts so alleged constitute no defence. This is claimed to be ■error.
The ease…
2Cases cited1 opinion
- Ingersoll v. RandallSupreme Court of Minnesota · 1869
3Cited by3 opinions
- Stiewel v. LallySupreme Court of Arkansas · 1909
- Disbrow v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1910
- Van Praag & Co. v. WeinbergNew York Supreme Court · 1909