Miller v. Carnes
Supreme Court of Minnesota
Action in the district court for Morrison county to recover $396 and interest upon an account stated. The case was tried before Baxter., J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for a new tria], defendant appealed.
1Opinion of the CourtLewis, J.
The complaint sets forth that plaintiff and defendant on March 6, 1902, had an accounting whereby there was determined to be due plaintiff from defendant $400, which amount defendant then and there agreed to pay, and no part of which has been paid except $4. ,, The answer denies that such an accounting was had, and by way of defense *180alleged that April 16, 1902, the parties had an accounting, whereby there was determined to be due plaintiff from defendant the sum of $615.54, which amount had been paid. The answer further states that in August, 1902, demand was made for $396, which defendant…
2Cases cited2 opinions
- Olson v. AuboleeSupreme Court of Minnesota · 1904
- Jones v. BradfordSupreme Court of Minnesota · 1900
3Cited by2 opinions
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Combs v. YoungeAppellate Court of Illinois · 1935