Wisconsin v. Torinus
Supreme Court of Minnesota
Appeal by defendants from a judgment of the district court for Washington county, where the action was tried before George B. Young, as referee. The case is stated in the opinion. By the judgment in the former action, the identical note on which this action is founded was adjudged to be null and void. State of Wisconsin v. Torinus, 24 Minn. 332. Prior to that judgment the note was voidable only, and was capable of ratification.
Read the full summary
Appeal by defendants from a judgment of the district court for Washington county, where the action was tried before George B. Young, as referee. The case is stated in the opinion. By the judgment in the former action, the identical note on which this action is founded was adjudged to be null and void. State of Wisconsin v. Torinus, 24 Minn. 332. Prior to that judgment the note was voidable only, and was capable of ratification. By that judgment it was avoided, and is as though it had never been made. It was as effectually destroyed as if it had been paid or surrendered and cancelled, and…
1Opinion of the Court
Mitchell, J.*
The sole question in this case is whether the judgment rendered in a former action between the same parties is a bar to a recovery in the present action. The facts, as disclosed by the findings of the referee, are briefly these: In 1873, the agent of plaintiff sold and delivered to defendants Torinus, Staples & Co., upon credit, a quantity of logs, the property of plaintiff, and took from them therefor their promissory note, payable at a future day, which was also executed by defendant Mower, as surety. Default having been made in the payment of the note at-maturity, an action…
2Cases cited16 opinions
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Jones v. City of PetalumaCalifornia Supreme Court · 1868
- Barrows v. KindredSupreme Court of the United States · 1867
- Crabtree v. WellesIllinois Supreme Court · 1857
- Reed v. CalderwoodCalifornia Supreme Court · 1867
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Marguerite Coal Co. v. Meadow River Lumber Co.West Virginia Supreme Court · 1925
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Driscoll v. Board of County CommissionersSupreme Court of Minnesota · 1925
- Hudson v. Iguano Land & Mining Co.West Virginia Supreme Court · 1912
- Gustafson v. GustafsonSupreme Court of Minnesota · 1929
31 more not listed; retrieve them via the Exa API.