Cooper v. Hayward
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Stearns county, Searle, J., granting a motion for a new trial. If W. H. Hayward had an interest in the money, and without making the interest known, and without objection, knowingly allowed his mother to use it in making a gift to his brother, he could not recover. If he had an interest in the money, it was his gift to that extent, and after it was executed it could not be recalled.
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Appeal by defendants from an order of the district court for Stearns county, Searle, J., granting a motion for a new trial. If W. H. Hayward had an interest in the money, and without making the interest known, and without objection, knowingly allowed his mother to use it in making a gift to his brother, he could not recover. If he had an interest in the money, it was his gift to that extent, and after it was executed it could not be recalled. Stewart v. Hidden, 13 Minn. 29 (43); Lamprey v. Lamprey, 29 Minn. 151, 12 N. W. 514; Furman v. Tenny, 28 Minn. 77, 9 N. W. 172. Was there evidence to…
1Opinion of the CourtMitchell, J.
Action on a promissory note executed by the defendants to plaintiff’s intestate. Defense, want of consideration. The defendants had a verdict, and the court granted a new trial on the ground, among others, that the verdict was not justified by the evidence.
The evidence was practically undisputed that the deceased, William H. Hayward, was a partner in business with his father, J. E. Hayward, also since deceased; that the defendant Samuel L., being pressed by his creditors, William H. Hayward, at the solicitation of his mother, and without the knowledge of his father, took the moneys, either of…
2Cited by2 opinions
- Cooper v. HaywardSupreme Court of Minnesota · 1898
- Cooper v. HaywardSupreme Court of Minnesota · 1900