Fruit Dispatch Co. v. Murphy
Supreme Court of Minnesota
Action in the district1 court for Ramsey county to recover $291.20 for a carload of bananas. Defendants set up counterclaims aggregating $834.90. The jury returned a verdict for $257.84 in favor of defendants. From an order, Brill, J., denying a motion for a new trial, plaintiff appealed.
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Action in the district1 court for Ramsey county to recover $291.20 for a carload of bananas. Defendants set up counterclaims aggregating $834.90. The jury returned a verdict for $257.84 in favor of defendants. From an order, Brill, J., denying a motion for a new trial, plaintiff appealed. Of the questions mentioned in the opinion and objected to by plaintiff those asked the expert were as follows: (a) “And what effect would it have upon an entire car of bananas if a few bunches were quite near the stage of being full ripe at the time that the car was loaded ?”' (b) “It would have the same…
1Opinion of the CourtLovely, J.
Action to recover the contract price of a carload of bananas shipped to defendants at St. Paul from Mobile. Affirmative damages were, also sought by defendants for the alleged failure of plaintiff to fulfil an agreement to make good defects on previous consignments. The.*288cause was tried to a jury, who returned a verdict for defendants in a substantial sum. After denial of a motion for a new trial, plaintiff appeals.
The complaint demands a recovery for the purchase price of one car of fruit shipped from Mobile in August, 1901, alleging that it was delivered to defendants at that place at their…
2Cases cited6 opinions
- Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- State v. BoydSupreme Court of Minnesota · 1887
- Torske v. Commonwealth Lumber Co.Supreme Court of Minnesota · 1902
- McKnight v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Murray v. WilsonSupreme Court of Minnesota · 1949