Legal Opinion

Johnston Harvester Co. v. Clare

Supreme Court of Minnesota

Decided March 17, 1883PublishedCited by 21 opinions

Appeal by plaintiff from a judgment of the district court for Sib-ley county, Macdonald, J., presiding, reversing a judgment of a justice of the peace.

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Appeal by plaintiff from a judgment of the district court for Sib-ley county, Macdonald, J., presiding, reversing a judgment of a justice of the peace. The case is stated in the opinion. that the stipulation for attorney fees is proper and legal, and that plaintiff is entitled to recover the same, cited Sperry Y.Horr, 32 Iowa, 184; Davidson v. Vorse, 52 Iowa, 384; Smiley v. Meir, 47 Ind. 559; Smock v. Ripley, 62 Ind. 81; Seaton v. Scoville, 18 Kan. 433; Hendrix v. 'Rieman, 6 Neb. 516; Glenn v. Porter, 12 Cent. Law Jour. 333. cited, contra, White v. Rtis, 24 Minn. 43; Myer v. Hart, 40 Mich.…

1Opinion of the CourtDickinson, J.

This action was commenced in justice court, where judgment was recovered by the plaintiff. The defendant appealed to the district court upon questions of law alone, and the judgment of the justice was reversed. From such judgment of reversal the plaintiff appealed to this court.

The complaint alleged the incorporation of the plaintiff, and the making by the defendant to the plaintiff of his promissory note, whereby he promised, for value received, to pay plaintiff or order, at a time named, the sum of $73, with interest, with the further condition that if the same was not paid when due, and…

2Cases cited5 opinions

  1. Jones v. Cincinnati Type Foundry Co.Indiana Supreme Court · 1860
  2. Catlin v. . GunterNew York Court of Appeals · 1854
  3. Jones v. RadatzSupreme Court of Minnesota · 1880
  4. Wyant v. PottorffIndiana Supreme Court · 1871
  5. Pinney v. JorgensonSupreme Court of Minnesota · 1880

3Cited by21 opinions

  1. Thorpe v. HanscomSupreme Court of Minnesota · 1896
  2. Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
  3. Campbell v. WormanSupreme Court of Minnesota · 1894
  4. Duluth Loan & Land Co. v. KlovdahlSupreme Court of Minnesota · 1893
  5. Young, Ex'r v. State Bank of MarshallCourt of Appeals of Texas · 1909

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