Voge v. Penney
Supreme Court of Minnesota
From an order of the probate court for Hennepin county, disallowing the promissory note in suit as a claim against the estate of Elisha Rivenburgh, the claimant appealed to the district court for that county. From an order of the latter court, McGee, J., setting aside a verdict for plaintiff, and granting the motion of the administrators of the estate for a new trial, the claimant appealed.
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From an order of the probate court for Hennepin county, disallowing the promissory note in suit as a claim against the estate of Elisha Rivenburgh, the claimant appealed to the district court for that county. From an order of the latter court, McGee, J., setting aside a verdict for plaintiff, and granting the motion of the administrators of the estate for a new trial, the claimant appealed. A mere difference of opinion between the court and the jury does not warrant the former in setting aside the finding of the latter. Hilliard, New Trials, 448; De Tastet v. Boring, 11 East, 265; Giles v.…
1Opinion of the CourtMitchell, J.
After the death, in April, 1896, of Elisha Bivenburgh, who left quite a large estate, consisting of cash, notes and mortgages for money loaned and real estate, the appellant Minnie Voge, who, with her family, had lived with the deceased from 1864 to 1885, and during that time had access to all parts of the house, presented as a claim against his estate a note for $950, executed to her by the deceased, dated May 4, 1881, payable on demand, and bearing interest at 10 per cent, per annum. The defenses interposed by the estate were payment and the statute of limitations. The probate court…
2Cited by14 opinions
- Maher v. Duluth Yellow Cab Co.Supreme Court of Minnesota · 1927
- Martin v. Walter CourtneySupreme Court of Minnesota · 1899
- Spoonick v. Backus-Brooks Co.Supreme Court of Minnesota · 1903
- Kipp v. ClingerSupreme Court of Minnesota · 1906
- Messenger v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899
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