Bazille v. Ullman
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY, PROM A JUDGMENT ENTERED UPON REPEREE’S REPORT. The facts appear in the Opinion of the Court. The following are the points relied on by the Appellant: First. The Referee erred in letting in proof of the handwriting of the subscribing witness without showing due diligence in an effort to procure (him) the witness. No foundation was Md for the introduction of secondary testimony. 19 Wendall, 162. Second.
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APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY, PROM A JUDGMENT ENTERED UPON REPEREE’S REPORT. The facts appear in the Opinion of the Court. The following are the points relied on by the Appellant: First. The Referee erred in letting in proof of the handwriting of the subscribing witness without showing due diligence in an effort to procure (him) the witness. No foundation was Md for the introduction of secondary testimony. 19 Wendall, 162. Second. The Referee erred in letting in proof of the handwriting of the subscribing witness without first showing that the witness knew the Defendant…
1Opinion of the Court
*136 By the Court.
C. E. Elandrau, J.
The cause of action set out in the complaint is against the Defendant as endorser of two promissory notes made by one Louis La Croix, and endorsed by the Defendant. The answer attempts to put some of the allegations of the complaint in issue, but fails so to do, and leaves the material facts admitted, but as a second defence sets up that the Plaintiff before the commencement of the action, offered to sell the notes to the Defendant for one hundred and fifty dollars, which offer the Defendant accepted, and executed and delivered to the Plaintiff his promissory…
2Cases cited1 opinion
- Goulard v. CastillonNew York Supreme Court · 1851
3Cited by4 opinions
- Conklin v. HindsSupreme Court of Minnesota · 1871
- Morrison v. MarchSupreme Court of Minnesota · 1860
- National Investment Co. v. SchicklingSupreme Court of Minnesota · 1894
- Taylor v. ParkerSupreme Court of Minnesota · 1871