Legal Opinion

Wilcox v. Landberg

Supreme Court of Minnesota

Decided December 16, 1882PublishedCited by 6 opinions

In January, 1880, Cherry & Leach were engaged in business at Big Stone, in Big Stone county, keeping a general store, and in the early part of that month, being in embarrassed circumstances, they applied for and received from certain creditors, who are defendants herein, extensions of their indebtedness.

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In January, 1880, Cherry & Leach were engaged in business at Big Stone, in Big Stone county, keeping a general store, and in the early part of that month, being in embarrassed circumstances, they applied for and received from certain creditors, who are defendants herein, extensions of their indebtedness. Subsequently, and on or about January 27, 1880, Cherry & Leach, who were indebted to plaintiffs in the sum of $904.32, sold to plaintiffs their entire stock of goods for $1,282.64, being twenty-five per cent, less than the inventoried value. About the same time plaintiffs and Cherry & Leach…

1Opinion of the Court

Berry, J.*

In this case a new trial was granted by the district court, upon the ground that the verdict was not justified by the evidence. After a careful perusal of the testimony we have come to the conclusion that the order granting the new trial should not be disturbed. The rules by which the action of this court is governed in such cases are laid down in Hicks v. Stone, 13 Minn. 398, (434;) Rheiner v. Stillwater Street Ry. & Transfer Co., 29 Minn. 147; Pratt v. Pioneer Press Co., ante, p. 41. The propriety of these rules was' questioned and combated by the counsel for plaintiffs, but they…

2Cases cited3 opinions

  1. Wood v. CullenSupreme Court of Minnesota · 1868
  2. Rheiner v. Stillwater Street Railway & Transfer Co.Supreme Court of Minnesota · 1882
  3. Culver v. BanningSupreme Court of Minnesota · 1872

3Cited by6 opinions

  1. Pratt v. Pioneer Press Co.Supreme Court of Minnesota · 1884
  2. F. Meyer Boot & Shoe Co. v. C. Shenkberg Co.South Dakota Supreme Court · 1899
  3. Red River Valley National Bank v. BarnesNorth Dakota Supreme Court · 1899
  4. Crosby v. St. Paul City Railway Co.Supreme Court of Minnesota · 1886
  5. Brennan Lumber Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1900

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