Marshall v. Gilman
Supreme Court of Minnesota
Appeal by plaintiff, William E. Marshall, from an order of the District Court of Eamsey county, Egan, J., made May 21, 1892, denying his application for a new trial. On February 13, 1889, plaintiff owned two lots in St. Paul. One was lot five (5) in block thirty-one (31) in Eice & Irvine’s Addition, and was mortgaged for $4,000. The other was a part of lots sixteen (16) and seventeen (17) in block sixty-nine (69) in Dayton & Irvine’s Addition.
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Appeal by plaintiff, William E. Marshall, from an order of the District Court of Eamsey county, Egan, J., made May 21, 1892, denying his application for a new trial. On February 13, 1889, plaintiff owned two lots in St. Paul. One was lot five (5) in block thirty-one (31) in Eice & Irvine’s Addition, and was mortgaged for $4,000. The other was a part of lots sixteen (16) and seventeen (17) in block sixty-nine (69) in Dayton & Irvine’s Addition. At the same time the defendant Edward E. Gil-man owned two lots in the city of New York, fronting east, Nos. 2148 and 2150 on Fifth Avenue, and over a…
1Opinion of the CourtDickinson, J.
For a general statement of the transactions upon which this action is founded, reference may be made to the opinion in a former action between these parties, reported in 47 Minn. 131, (49 N. W. Rep. 688.) That action was prosecuted for the purpose of securing a rescission of an exchange of real estate. The plaintiff, having failed to secure that relief, commenced and prosecutes this action, ex contractu, to recover damages for breach of the representations concerning the New York property contained in the letter of the defendant, upon which representations, and the warranty expressed in the…
2Cases cited8 opinions
- Strong v. . StrongNew York Court of Appeals · 1886
- In re Van NormanSupreme Court of Minnesota · 1889
- Safford v. GroutMassachusetts Supreme Judicial Court · 1876
- McCormick v. KellySupreme Court of Minnesota · 1881
- Marshall v. GilmanSupreme Court of Minnesota · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- McCormack v. Hankscraft CompanySupreme Court of Minnesota · 1967
- Gridley v. RossIdaho Supreme Court · 1923
- Meland v. YoungbergSupreme Court of Minnesota · 1914
- Caldwell v. RoachWyoming Supreme Court · 1932
19 more not listed; retrieve them via the Exa API.