D. M. Osborne & Co. v. Williams
Supreme Court of Minnesota
Action to recover a balance of $166.15 and interest, on two promissory notes. The defendant pleaded as a counterclaim that the notes were given for the price of a harvester sold to him by plaintiff (a corporation) with a warranty, which defendant alleges was broken, to his damage in the sum of $765. In its reply the plaintiff alleged the bringing of a former action by plaintiff against defendant to recover possession of certain chattels mortgaged to secure the notes now in…
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Action to recover a balance of $166.15 and interest, on two promissory notes. The defendant pleaded as a counterclaim that the notes were given for the price of a harvester sold to him by plaintiff (a corporation) with a warranty, which defendant alleges was broken, to his damage in the sum of $765. In its reply the plaintiff alleged the bringing of a former action by plaintiff against defendant to recover possession of certain chattels mortgaged to secure the notes now in suit, in which action the defendant, to show failure of consideration for the notes and mortgage, pleaded the same…
1Opinion of the CourtGilfillan, C. J.
The matter alleged in the reply was no bar to the counterclaim set forth in the answer. This action is to recover upon the promissory notes made by defendant to plaintiff. The counterclaim was based on an alleged warranty by plaintiff to defendant of a harvesting machine, which formed the consideration for the notes, and which warranty failed. The reply sets up that a chattel mortgage was given by defendant to plaintiff to secure the said notes; that this plaintiff brought an action against defendant to recover possession of the property covered by the mortgage; and in the answer in that…
2Cases cited2 opinions
- Coolbaugh v. RoemerSupreme Court of Minnesota · 1884
- Stone v. JohnsonSupreme Court of Minnesota · 1882
3Cited by2 opinions
- Harlow Realty Co. v. WhitingMassachusetts Supreme Judicial Court · 1941
- Prouty v. HallowellSupreme Court of Minnesota · 1893