J. I. Case Threshing Machine Co. v. Bargabos
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $657.95 upon a check. Plaintiff’s motion to strike out defendant’s answer as sham and for judgment as for default was granted, Rockwood, J. From the judgment in favor of plaintiff, defendant appealed.
1Opinion of the Court
Taylor, C.
Plaintiff sued to recover the amount of a cheek executed to it by defendant. Defendant admitted the execution of the check, but alleged that there was no consideration for it. Plaintiff moved to strike out the answer as sham and for judgment as for default of an answer. The court granted the motion and rendered judgment for the amount of the check. Defendant appealed.
The facts are not much in dispute. J. G. Bargabos & Son were plaintiff’s agents at Royalton, Minnesota,.for the sale of tractors. One C. B. Pasch, living about seven miles from Royalton, gave an order to plaintiff for a…
2Cases cited5 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Estate of Beckwith v. Golden Rule Co.Supreme Court of Minnesota · 1909
- Brown-Forman Co. v. PetersonSupreme Court of Minnesota · 1907
- Wright v. JewellSupreme Court of Minnesota · 1885
- Pfaender v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1901
3Cited by6 opinions
- Engstrom v. WileyCourt of Appeals for the Ninth Circuit · 1951
- De Vries v. Sig Ellingson & Co.District Court, D. Minnesota · 1951
- Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932
- Bank of Richards v. SheasgreenSupreme Court of Minnesota · 1922
- Commercial Investment Trust v. Lundgren-Wittensten Co.Supreme Court of Minnesota · 1927
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