Legal Opinion

National Cash Register Co. v. Merrigan

Supreme Court of Minnesota

Decided February 25, 1921No. 22,084PublishedCited by 18 opinions

Action transferred to the district court for Todd county to recover" $775 on a promissory note. The case was 'tried before Roeser, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, plaintiff appealed.

1Opinion of the CourtHai.lam, J.

This is an action on a promissory note given for the price of a cash register. The defense is that defendant’s signature to the.note was procured by fraud. The jury found for defendant. Plaintiff moved for judgment notwithstanding the verdict, but not for a new trial. This motion was denied. From a judgment entered on the verdict plaintiff appealed.

1. Where a party asks, not for a new trial, but only for judgment notwithstanding the verdict, the only question he may raise on appeal from an order denying his motion is whether the evidence is conclusive against the verdict. If there is any…

2Cases cited10 opinions

  1. Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
  2. Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
  3. Maxfield v. SchwartzSupreme Court of Minnesota · 1890
  4. MacLaren v. CochranSupreme Court of Minnesota · 1890
  5. Ludowese v. AmidonSupreme Court of Minnesota · 1914

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Krueger v. KnutsonSupreme Court of Minnesota · 1961
  2. Peter W. Kero, Inc. v. Terminal Construction Corp.Supreme Court of New Jersey · 1951
  3. Cohen v. United StatesCourt of Appeals for the Sixth Circuit · 1949
  4. Smith v. Gray Motor Co.Supreme Court of Minnesota · 1926
  5. Standard Surety & Casualty Co. v. OlsonCourt of Appeals for the Eighth Circuit · 1945

13 more not listed; retrieve them via the Exa API.

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