Legal Opinion

Shepard v. Sherin

Supreme Court of Minnesota

Decided June 2, 1890PublishedCited by 4 opinions

Action to recover $130.52, brought in the district court for Faribault county, and tried without, a jury by Severance, J. Judgment was ordered for defendant, who appeals from an order granting a new trial.

1Opinion of the Court

Gilfillan, C. J.1

On the evidence, there could be no question of the main facts in the ease, especially that the overpayment was merely through mistake of fact, and not through any fraud or fault on the part of defendant; that he received it expressly for his principal, E. W. Sherin, and had paid the money over to-him the same day. These facts were found by the court below; and on the motion for a new trial the court, as appears from its memorandum filed, had no doubt of the propriety of those findings. But the court also found as a fact that the defendant so paid over the money without notice…

2Cases cited3 opinions

  1. Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
  2. Hearsey v. PruynNew York Supreme Court · 1810
  3. Mowatt v. McLelanNew York Supreme Court · 1828

3Cited by4 opinions

  1. Kremer v. LewisSupreme Court of Minnesota · 1917
  2. Northwestern Upholstering Co. v. First National Bank & Trust Co.Supreme Court of Minnesota · 1935
  3. Blizzard v. BrownWisconsin Supreme Court · 1913
  4. Parvin v. Midland National Bank & Trust Co.Supreme Court of Minnesota · 1929

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