Whitacre v. Culver
Supreme Court of Minnesota
APPEAL EROH THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Appellant. I. — The Court below erred in the charge and ruling, upon the question of estoppel.
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APPEAL EROH THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities for Appellant. I. — The Court below erred in the charge and ruling, upon the question of estoppel. See 6 Minn., 291; also, 8 Minn., 189. II. — The charge of the Court below as to the consideration of the note was erroneous and calculated to mislead the jury, whereby the jury were given to understand that the note in question was given upon a settlement of accounts, and that it was incumbent upon the Defendant to show that there was a mistake in such settlement to make out a defence, whereas the evidence did not show any…
1Opinion of the Court
By the Court
Emmett, C. J.
This case was before this Court at the December Term, 1861, when a new trial was granted the defendant. It again came up in a little different shape at the January Term, 1863, and was again sent back, at the instance of the defendant, for new trial. It is now here once more, but with the facts as found materially differing from those upon which the former decisions were made.
Each party seems to have amended his pleadings since the former trials, and the issues as now presented by the pleadings arise substantially as follows:
The plaintiff declares on a promissory note…
2Cited by3 opinions
- Backstrom v. New York Life Insurance Co.Supreme Court of Minnesota · 1932
- Chisholm v. ClitherallSupreme Court of Minnesota · 1867
- Exley v. BerryhillSupreme Court of Minnesota · 1886