Hendrickson v. Back
Supreme Court of Minnesota
Action in the district court for Grant county by plaintiff, as administrator of the estate of Peter G. Westling, deceased, to recover $85 on a promissory note executed and delivered by defendant to plaintiff’s intestate.
Read the full summary
Action in the district court for Grant county by plaintiff, as administrator of the estate of Peter G. Westling, deceased, to recover $85 on a promissory note executed and delivered by defendant to plaintiff’s intestate. The defense set up in the answer was that defendant had purchased from plaintiff’s intestate a harvester and binder for which he agreed to pay $75; that plaintiff’s intestate warranted the title; that there was a breach of the warranty, in that, at the time of the sale, the harvester and hinder had been mortgaged to William Deering & Co. to secure a debt of $90; that the…
1Opinion of the CourtCollins, J.
The return in this action consists solely of certified copies of the pleadings, verdict of the jury in plaintiff’s favor, order of the court below granting defendant’s motion for a new trial,- — made, as appears in the order, upon the minutes of the court, — -and the notice of appeal. It also appears in the order that the motion was granted on the ground that the court erred in its charge to the jury.
The order appealed from must be affirmed, because on this record there is nothing to review. There is no bill of exceptions, and no settled case. The procedure preliminary to an appeal in cases…
2Cases cited1 opinion
- Close v. CrosslandSupreme Court of Minnesota · 1891
3Cited by7 opinions
- Thoreson v. QuinnSupreme Court of Minnesota · 1914
- Park Circle Motor Co. v. WillisCourt of Appeals of Maryland · 2001
- Peregrine v. West Seattle State BankWashington Supreme Court · 1922
- Tergeon v. JohnsonSupreme Court of Minnesota · 1925
- Konkel v. FortSupreme Court of Minnesota · 1955
2 more not listed; retrieve them via the Exa API.