Anderson v. Liljengren
Supreme Court of Minnesota
Appeal by defendants Nils P. Liljengren and Augusta J., his wife, from orders of the Municipal Court of the City of Minneapolis, Ma-honey, J., made -July 23, 1891, refusing their separate motions for a new trial. Action by Mons Anderson, plaintiff, to recover of defendants $365 rent due under an oral lease of a part of the Sea Block, No. 913 Nicollet Ave., Minneapolis. The wife denied that she was a party to the contract of leasing.
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Appeal by defendants Nils P. Liljengren and Augusta J., his wife, from orders of the Municipal Court of the City of Minneapolis, Ma-honey, J., made -July 23, 1891, refusing their separate motions for a new trial. Action by Mons Anderson, plaintiff, to recover of defendants $365 rent due under an oral lease of a part of the Sea Block, No. 913 Nicollet Ave., Minneapolis. The wife denied that she was a party to the contract of leasing. The husband counterclaimed for improvements and repairs on the premises, made, he claimed, at the request of the plaintiff after they took possession. A jury was…
1Opinion of the CourtMitohell, J.
The trial court was justified in finding against both defendants upon the cause of action set up in the complaint,— against the defendant Augusta upon the evidence, and against the defendant Nils upon the admissions in his answer. Neither was there any error in the finding that the defendant Nils had failed to prove his counterclaim. The rule undoubtedly is that, where the positive testimony of a witness is uncontradicted and unimpeaehed, either by other positive testimony or by circumstantial evidence, either intrinsic or extrinsic, it cannot be disregarded, but must control the decision of…
2Cases cited3 opinions
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Hawkins v. SaubySupreme Court of Minnesota · 1892
3Cited by19 opinions
- O'Leary v. WangensteenSupreme Court of Minnesota · 1928
- Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
- Gorman v. Hand Brewing CompanySupreme Court of Rhode Island · 1907
- Kennedy v. Modern Woodmen of AmericaIllinois Supreme Court · 1910
- Crilly v. MorrisSouth Dakota Supreme Court · 1945
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