Powell v. Newell
Supreme Court of Minnesota
Appeal by plaintiff, D. Frank Powell, from an order of the District Court of Hennepin County, Robert D. Russell, J., made February 16, 1894, denying his motion for a ne-w trial. The temporary inability of plaintiff by reason of sickness to perform Ms contract did not constitute a total or any failure of consideration for the note.
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Appeal by plaintiff, D. Frank Powell, from an order of the District Court of Hennepin County, Robert D. Russell, J., made February 16, 1894, denying his motion for a ne-w trial. The temporary inability of plaintiff by reason of sickness to perform Ms contract did not constitute a total or any failure of consideration for the note. White v. Mann, 26 Me. 361;. Williams v. Vanderbilt, 28 N. Y. 217; Wolfe, v, Howes, 20 N. Y. 197; Clarke v. Gilbert, 26 N. Y. 279; Baldwin v. New York &c. Ins. Co., 3 Bosw. 530; Worth y. Edmonds, 52 Barb. 40; Bettini v. Gye, 1 Q. B. Div. 183. There was only a…
1Opinion of the CourtCollins, J.
Plaintiff is a physician with offices at La Crosse, Wis. and St. Paul, Minn. Defendant resided September 15, 1892, at Lanesboro, Minn., about fifty five miles from La Crosse, and had theretofore been treated professionally by plaintiff. On the day just mentioned defendant, who was ill, called upon plaintiff at his office in La Crosse for medical treatment and advice. The latter prescribed and furnished medicines, was paid $5 in cash, and defendant executed and delivered the note in question, for $95, payable ninety days from that date at a bank in La Crosse. The consideration for the…
2Cases cited1 opinion
- Backus v. SternbergSupreme Court of Minnesota · 1894
3Cited by6 opinions
- Backus v. SternbergSupreme Court of Minnesota · 1894
- Hong v. Independent School District No. 245Supreme Court of Minnesota · 1930
- Williams v. ButlerIndiana Court of Appeals · 1914
- Auran v. Mentor School District No. 1North Dakota Supreme Court · 1930
- Watson v. FordCourt of Appeals for the Sixth Circuit · 1899
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