Burrows v. Western Union Telegraph Co.
Supreme Court of Minnesota
Action in the municipal court of Duluth to recover $50 and interest upon a bank check issued by defendant. The case was tried before Edson, J., who directed a verdict in favor of plaintiff for the sura demanded. A motion for judgment notwithstanding the verdict or for a new trial having been denied, defendant appealed to the district court for St. Louis county.
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Action in the municipal court of Duluth to recover $50 and interest upon a bank check issued by defendant. The case was tried before Edson, J., who directed a verdict in favor of plaintiff for the sura demanded. A motion for judgment notwithstanding the verdict or for a new trial having been denied, defendant appealed to the district court for St. Louis county. From an order, Ensign, Cant and Dibell, JJ., reversing the order of the municipal court and directing the entry of judgment in favor of defendant, plaintiff appealed to the supreme court.
1ConcurrenceCollins, J.
On the facts, no distinction can be made between the case at bar and Schuneman v. Tolman, 85 Minn. 130, 88 N. W. 1103, in which a per curiam opinion was written, characterizing the appeal as frivolous, and the questions at issue unworthy of discussion. If the majority opinion here — in which I concur — is not right, our disposition of the Schuneman case was clearly and palpably wrong. Each has been properly disposed of, and no case establishing a contrary doctrine can be cited. In these days it is the duty of the drawer of a check to know that the party to whom it is delivered is the one for…
2Cases cited1 opinion
- Schuneman v. TolmanSupreme Court of Minnesota · 1901