Red Wing Sewer Pipe Co. v. Donnelly
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $598.34, the value of two carloads of sewer pipe. Defendant Donnelly died before the trial of the action. The case was tried before Orr, J., who made findings of fact and ordered judgment against the defendant Schroeder in the sum of $384.59. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtLaggard, J.
This action was brought to recover the value of two carloads of sewer pipe sold to one Preston, on a bond on which the defendant Schroeder was a surety. The first carload was ordered by Preston for the Conway street sewer on June 24, 1903, the other on July 3, and both cars were delivered to Preston on July 3, 1903. Preston had contracted with the city of St. Paul to construct a sewer on Conway street. That contract was dated June 30, 1903. Defendant showed that the contract was executed on behalf of the city on July 10, 1903. The bond was executed on June 30. The court ordered judgment for…
2Cases cited12 opinions
- Board of County Commissioners v. State BankSupreme Court of Minnesota · 1896
- Howes v. Reliance Wire-Works Co.Supreme Court of Minnesota · 1891
- Burns v. SewellSupreme Court of Minnesota · 1892
- Board of County Commissioners v. American Loan & Trust Co.Supreme Court of Minnesota · 1899
- Hayden v. CookNebraska Supreme Court · 1892
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3Cited by15 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
- Nielsen v. City of St. PaulSupreme Court of Minnesota · 1958
- Philadelphia v. Jackson & Co.Supreme Court of Pennsylvania · 1924
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