Berg v. Peterson
Supreme Court of Minnesota
Appeal by defendant Hans 0. Peterson from an order of the Municipal Court of the city of Minneapolis, Mahoney, J., made March 2, 1892, denying his motion for a new trial. Action upon a promissory note for $450, dated December 27,1890, payable to the order of the plaintiff three months thereafter. The defendant by his answer denied that he made, executed, or delivered the note. The action was tried December 24, 1891. A jury was waived.
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Appeal by defendant Hans 0. Peterson from an order of the Municipal Court of the city of Minneapolis, Mahoney, J., made March 2, 1892, denying his motion for a new trial. Action upon a promissory note for $450, dated December 27,1890, payable to the order of the plaintiff three months thereafter. The defendant by his answer denied that he made, executed, or delivered the note. The action was tried December 24, 1891. A jury was waived. The plaintiff called E. A. Kempe as a witness, and he was sworn and testified thai he was paying teller of the Swedish American Bank, and as such had to pass'…
1Opinion of the CourtMitchell, J.
The issue on the trial of this cause was the genuineness of defendant’s signature to the note in suit.
Aside from the admissions of the writer himself, the genuineness of a disputed handwriting may be proved by the testimony of two classes of witnesses: First, those who are personally acquainted with the handwriting of the person supposed to have written it; second, those who, although wholly unacquainted with the party’s handwriting, are competent to testify, by a comparison by juxtaposition, of a writing proved or admitted to be the party’s handwriting, with the writing disputed.
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2Cases cited1 opinion
- Snell v. BrayWisconsin Supreme Court · 1882
3Cited by7 opinions
- Smith v. Wells Fargo BankDistrict of Columbia Court of Appeals · 2010
- Cochran v. SteinSupreme Court of Minnesota · 1912
- James v. WarterSupreme Court of Minnesota · 1923
- Ingebrightsen v. HatcherMontana Supreme Court · 1930
- C. Gotzian & Co. v. TruszinskiSupreme Court of Minnesota · 1926
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