First National Bank v. Rogers-Amundson-Flynn Co.
Supreme Court of Minnesota
Action in the district court for Dakota county to recover $1,250. The answer alleged that $164.43 had been paid to R. E. Rudisell and accepted by him in payment of the balance due him following the consignment of cattle to defendant. The case was tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.
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Action in the district court for Dakota county to recover $1,250. The answer alleged that $164.43 had been paid to R. E. Rudisell and accepted by him in payment of the balance due him following the consignment of cattle to defendant. The case was tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying its motion to amend the findings and conclusions or to: set them aside and for a new trial, defendant appealed.
1Opinion of the Court
Lees, C.
At the time of the transaction involved in this litigation, R. E. Rudisell was a stock buyer at McClusky, North Dakota, making-shipments to defendant, a dealer in live stock at South St. Paul. It was his practice to draw on defendant when making a shipment, deposit the draft with the plaintiff and issue checks to pay for the stock. This h'e had done at least four times prior to the transaction here involved, and his drafts had been honored. On or about November 13, 1919, he purchased 32 head of cattle from farmers in the *245vicinity of McClusky. To obtain funds to pay tfor the cattle, he…
2Cases cited26 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Brill v. . TuttleNew York Court of Appeals · 1880
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Canty v. LatternerSupreme Court of Minnesota · 1883
- Hall v. First National BankIllinois Supreme Court · 1890
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3Cited by10 opinions
- Brown v. SchmitzSupreme Court of Iowa · 1946
- Lee v. Peoples Cooperative Sales Agency, Inc.Supreme Court of Minnesota · 1937
- Carlson v. StaffordSupreme Court of Minnesota · 1926
- Merchants National Bank v. State BankSupreme Court of Minnesota · 1927
- Holbert v. WermerskirchenSupreme Court of Minnesota · 1941
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