Jones v. Swank
Supreme Court of Minnesota
Appeal by defendant, David Swank, from a judgment of the District Court of Wadena County, G. W. Holland, J., entered against him February 20, 1893, for $2,372.58. The plaintiffs, David E. Jones and William R. Baumback, were partners in retad trade at Menahga, and in July and August, 1891, sold and delivered goods to defendant of the value of $1,975.79, and were the assignees of several small claims of others, for work done and board and livery furnished to defendant, while…
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Appeal by defendant, David Swank, from a judgment of the District Court of Wadena County, G. W. Holland, J., entered against him February 20, 1893, for $2,372.58. The plaintiffs, David E. Jones and William R. Baumback, were partners in retad trade at Menahga, and in July and August, 1891, sold and delivered goods to defendant of the value of $1,975.79, and were the assignees of several small claims of others, for work done and board and livery furnished to defendant, while he was engaged in grading the Wadena and Park Rapids Railroad. They brought this action in Wadena County October 30,…
1Opinion of the CourtCollins, J.
This was an action for the value of goods, wares, and merchandise sold and delivered, and for services rendered and labor performed. As a second defense, by way of counterclaim, the answer alleged that prior to the commencement of this action plaintiffs caused proceedings in attachment to be instituted upon the claims and causes of action set forth in the complaint, and will ■ fully, maliciously, and with intent to injure defendant caused his property to be seized and levied upon, greatly in excess in value of the amount demanded in the summons, and deprived defendant of the use of said…
2Cases cited5 opinions
- Couillard v. JohnsonWisconsin Supreme Court · 1869
- Meiners v. LoebWisconsin Supreme Court · 1885
- Bonnell v. EsterlyWisconsin Supreme Court · 1872
- Schmidt v. BickenbachSupreme Court of Minnesota · 1882
- Hall v. Cent. Pac. R.R. Co.California Supreme Court · 1875
3Cited by12 opinions
- Tuthill v. ShermanSouth Dakota Supreme Court · 1913
- Vaughan v. McCarthySupreme Court of Minnesota · 1895
- Gurske v. KelpinNebraska Supreme Court · 1901
- Potter v. HolmesSupreme Court of Minnesota · 1898
- Elder v. Massachusetts Mortgage Co.Washington Supreme Court · 1930
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