C. Aultman & Co. v. Olson
Supreme Court of Minnesota
Plaintiff, a corporation, brought this action in the district court for Bedwood county, upon two instruments, similar in form, one of which is as follows, viz.: “Springfield, Minnesota, November 15, 1880. “On or before the first day of November, 1881, for value received in renewal of my note, No. 60,759, due November 1,1879, I, or we, the undersigned, each as principals, of Willow Lake township, county of Brown, State of Minnesota, promise to pay to the order of C. Ault-man…
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Plaintiff, a corporation, brought this action in the district court for Bedwood county, upon two instruments, similar in form, one of which is as follows, viz.: “Springfield, Minnesota, November 15, 1880. “On or before the first day of November, 1881, for value received in renewal of my note, No. 60,759, due November 1,1879, I, or we, the undersigned, each as principals, of Willow Lake township, county of Brown, State of Minnesota, promise to pay to the order of C. Ault-man & Co., (an incorporated company under the general laws of the State of Ohio,) of Canton, Ohio, eighty-one and 55-100…
1Opinion of the CourtBebey, J.
This is an action upon two like instruments for the payment of money, called “notes.” The defence is that they were given in renewal of others theretofore executed by defendant for part of the price of a harvester sold by plaintiff to defendant, with a false warranty of quality; that at the time they were executed it was agreed that defendant’s rights on account of the alleged breach of warranty should remain unaffected, and further that a provision should be inserted in them to the effect that plaintiff should put the machine in good order and repair before the commencement of the harvest of…
2Cases cited5 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Van Valkenburgh v. RoukNew York Supreme Court · 1815
- Stacy v. RossTexas Supreme Court · 1863
- Cole Brothers v. WilliamsNebraska Supreme Court · 1882
- Mackey v. PetersonSupreme Court of Minnesota · 1882
3Cited by15 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Summers v. AlexanderSupreme Court of Oklahoma · 1911
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