First National Bank v. City of St. Cloud
Supreme Court of Minnesota
Action in the district court for Stearns county. The character of the action is stated in the opinion. After the case was remanded upon the former appeal, it was referred for hearing to E. T. Abbott, George L. Wilson and Ira. B. Mills, who ordered judgment in plaintiff’s favor as mentioned in the opinion.
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Action in the district court for Stearns county. The character of the action is stated in the opinion. After the case was remanded upon the former appeal, it was referred for hearing to E. T. Abbott, George L. Wilson and Ira. B. Mills, who ordered judgment in plaintiff’s favor as mentioned in the opinion. Thereupon the motion and order described in the opinion were made, and from the order, Searle, J., granting a new trial unless plaintiff would consent that the judgment in its favor be reduced to $2,713, plaintiff appealed.
1Opinion of the Court
START, O. J.
This action was brought to recover from the defendant city hydrant rental from July 1 to December 31, 1891, the sum of $3,800, less a payment thereon of $2,000, and from January 1 to June 30, 1892, the further sum of $3,800, on which no payment has been made, and for labor and material of the value of $82.90. There is no controversy on the last item.
The hydrant rental claims were originally held by the St. Cloud Waterworks Company, hereinafter called the “Water Company,” which assigned them to Edward T. Sykes, who brought this action. The present plaintiff has succeeded to his…
2Cases cited8 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Murray v. StantonMassachusetts Supreme Judicial Court · 1868
- Hughley v. City of WabashaSupreme Court of Minnesota · 1897
- St. Louis, Kansas & Arizona Railway Co. v. ChapmanSupreme Court of Kansas · 1888
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1896
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3Cited by2 opinions
- Dreelan v. KaronSupreme Court of Minnesota · 1934
- State v. MathleySupreme Court of Minnesota · 1907