Minneapolis Threshing Machine Co. v. Peters
Supreme Court of Minnesota
Action in the district court for Swift county to recover $500 upon a promissory note. The defendant in his answer admitted signing the note, but set up three defenses: (1) Breach of warranty; (2) that the note was obtained by the fraud of the plaintiff, and (3) that the note had been paid. The reply put in issue all these defenses.
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Action in the district court for Swift county to recover $500 upon a promissory note. The defendant in his answer admitted signing the note, but set up three defenses: (1) Breach of warranty; (2) that the note was obtained by the fraud of the plaintiff, and (3) that the note had been paid. The reply put in issue all these defenses. At the trial the court, Qvale, J., granted plaintiff’s motion to require defendant to elect whether he would rely upon the defense of breach of warranty or the defense of fraud in the inception of the contract. Defendant excepted to the ruling and elected to stand…
1Opinion of the Court
Lewis, «T.
Action upon a promissory note. Defense, that there had been a breach of warranty, and that the note had been obtained by fraud. At the trial the court required respondent to elect upon which of the two defenses he would stand, and he elected to stand upon the defense that the note had been obtained by fraud. Appellant recovered a verdict. The court then granted a new trial, upon the ground that it had erred in requiring respondent to elect.
Two defenses are consistent, if both may be true, and they are be held inconsistent only when the proof of one necessarily disproves the other.…
2Cases cited3 opinions
- Ashton v. SlaterSupreme Court of Minnesota · 1872
- First National Bank v. LincolnSupreme Court of Minnesota · 1886
- D. M. Osborne & Co. v. WallerSupreme Court of Minnesota · 1898
3Cited by3 opinions
- Burns v. CarlawSupreme Court of Minnesota · 1922
- Abramovitz v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
- Woost v. HerbergerSupreme Court of Minnesota · 1938