McLennan v. Minneapolis & Northern Elevator Co.
Supreme Court of Minnesota
Appeal by defendants, Minneapolis and Northern Elevator Company and Wynkoop Leman, from an order of the District Court -of Polk County, Frank Ives, J., made November 29, 1893, denying their motion for a new trial. The defendant, Minneapolis and Northern'Elevator Company is .a corporation engaged in buying, storing and shipping grain at Angus. The other defendant, Wynkoop Leman, is its ■agent in charge of its grain house at that station.
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Appeal by defendants, Minneapolis and Northern Elevator Company and Wynkoop Leman, from an order of the District Court -of Polk County, Frank Ives, J., made November 29, 1893, denying their motion for a new trial. The defendant, Minneapolis and Northern'Elevator Company is .a corporation engaged in buying, storing and shipping grain at Angus. The other defendant, Wynkoop Leman, is its ■agent in charge of its grain house at that station. The plaintiff, John Mc-Lennan, is a farmer who in October, 1891, threshed his wheat and sent it to the station and delivered it to the company with directions…
1Opinion of the Court
Gileillan, G. J.
The slips introduced in evidence (Exhibits A to M) were sufficiently explained to show that they represented the quantity of wheat in bushels and pounds delivered on the occasions on which they were issued, and they were therefore evidence.
Whether there were, in addition, two loads of wheat for which the slips had been lost, was a question for the jury.
The error in admitting the returns of Linton & Co. was cured by the defendants’ own evidence, showing how much of the wheat it shipped to that firm; and it is demonstrable from the verdict that the jury could not have taken into…
2Cited by5 opinions
- Grimm v. GrimmSupreme Court of Minnesota · 1934
- Johnson v. MartinSupreme Court of Minnesota · 1902
- Northwestern Upholstering Co. v. First National Bank & Trust Co.Supreme Court of Minnesota · 1935
- Hodgson v. St. Paul Plow Co.Supreme Court of Minnesota · 1899
- Linde v. GaffkeSupreme Court of Minnesota · 1900