Davies v. Price Merchants Syndicate
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $500 upon a promissory note. The case was tried before Charles L. Smith, J., who when plaintiffs rested and at the close of the testimony denied defendant’s motions for a directed verdict and granted plaintiffs’ motion for a directed verdict in their favor. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtBrown, C. J.
Action upon a promissory note in which a verdict was directed for plaintiffs and defendant appealed from an order denying a new trial.
The evidence shows that plaintiffs sold to defendant some 4,300 shares of the stock of a certain corporation at an agreed purchase price. A part of the consideration was paid in cash and a part was represented by promissory notes due at stated times in the future. The note in suit was one of those so given. It has not been paid and the action is brought to recover thereon. Defendant interposed in defense a total failure of consideration. The trial court held by…
2Cases cited3 opinions
- Galbraith v. McDonaldSupreme Court of Minnesota · 1913
- St. Anthony Falls Water Power Co. v. EastmanSupreme Court of Minnesota · 1874
- Walter A. Wood Harvester Co. v. JeffersonSupreme Court of Minnesota · 1898