A. F. Chase & Co. v. Kelly
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,425 upon 12 promissory notes. The facts are stated in the opinion.
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Action in the district court for Hennepin county to recover $1,425 upon 12 promissory notes. The facts are stated in the opinion. The case was tried before Booth, J., who denied defendant’s motion to dismiss the action on the ground that the notes were executed without any consideration, and denied plaintiff’s motion to dismiss the counterclaim of defendant, and a jury which returned a verdict in favor of plaintiff for $1,262.63. From an order denying her motion for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
On April 13, last year, plaintiff sued defendant upon 12 promissory notes. The answer admitted the execution of the notes; and, as a counterclaim, alleged that ever since August 1, 1911, plaintiff had wrongfully deprived defendant of her automobile to her damage in the sum of $6,000, and judgment was prayed against plaintiff for’ $4,500, the difference, substantially, between the amount due on the notes and the damages claimed. The reply alleged a conditional sale of the automobile by plaintiff to defendant pursuant to which the notes in suit were given; that under the terms of the sale the…
2Cases cited6 opinions
- Minneapolis Harvester Works v. HallySupreme Court of Minnesota · 1881
- Alden v. Dyer & BrotherSupreme Court of Minnesota · 1904
- Keystone Manufacturing Co. v. CasselliusSupreme Court of Minnesota · 1898
- Third National Bank v. ArmstrongSupreme Court of Minnesota · 1879
- Nelson v. International Harvester Co. of AmericaSupreme Court of Minnesota · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Holmes v. SchnedlerSupreme Court of Minnesota · 1929
- Yellow Manufacturing Acceptance Corp. v. HandlerSupreme Court of Minnesota · 1957
- Edward Thompson Co. v. BrownSupreme Court of Minnesota · 1927
- Ahlers v. JonesSupreme Court of Minnesota · 1935
- Swain v. SchildIndiana Court of Appeals · 1917
7 more not listed; retrieve them via the Exa API.