McLeod v. Capehart
Supreme Court of Minnesota
Appeal by defendant Augustus R. Capehart from a judgment of the District Court of Ramsey County, Kerr, J., entered May 21, 1891, in favor of plaintiff, for $1,170.57. John B. Baker was on October 23, 1889, lessee of, and was keeping, the Clifton Hotel, in St. Paul, Minn., and had therein considerable furniture, beds, bedding, carpets, fixtures, and other personal property used in hotel keeping, valued at $3,612.65. On that day he made an assignment of his property to the…
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Appeal by defendant Augustus R. Capehart from a judgment of the District Court of Ramsey County, Kerr, J., entered May 21, 1891, in favor of plaintiff, for $1,170.57. John B. Baker was on October 23, 1889, lessee of, and was keeping, the Clifton Hotel, in St. Paul, Minn., and had therein considerable furniture, beds, bedding, carpets, fixtures, and other personal property used in hotel keeping, valued at $3,612.65. On that day he made an assignment of his property to the plaintiff, Archibald D. McLeod, in trust for the benefit of his creditors. The defendant owned the Hotel building, and the…
1Per curiam
The first assignment of error is that the verdict was not justified by the evidence; the second — directed towards a ruling of the trial court, which was clearly correct — we shall not discuss, because no exception was taken to it; and the third, or last, assignment is superfluous. ■
The real controversy was as to the making of a verbal agreement by and between.the parties, which, if made, extended or continued a written contract, then being acted upon and about to expire, for a longer period of time. There was testimony which would have sustained a verdict for either party, and the conclusion…
2Cited by2 opinions
- In re SheaSupreme Court of Minnesota · 1894
- McLeod v. CapehartSupreme Court of Minnesota · 1892