Saint Anthony Mill Co. v. Vandall
Supreme Court of Minnesota
This was a Writ of Error to the District Court of Barnsey County. The action was brought in the District Court to recover the amount of a Bill of Exchange, made by Ard. Codfrey as Agent for the Saint Anthony Mill Company, Defendant below, bearing date on the 3d day of July, 1852, for the sum of $328 97, payable to the order of Clement Yandall, the Plaintiff below, and directed to Henry M. Bice. The Complaint further alleged that the same was duly presented to the said IT.
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This was a Writ of Error to the District Court of Barnsey County. The action was brought in the District Court to recover the amount of a Bill of Exchange, made by Ard. Codfrey as Agent for the Saint Anthony Mill Company, Defendant below, bearing date on the 3d day of July, 1852, for the sum of $328 97, payable to the order of Clement Yandall, the Plaintiff below, and directed to Henry M. Bice. The Complaint further alleged that the same was duly presented to the said IT. M. Bice for acceptance and payment, and that he refused to accept or pay the same, of which the Defendants below then had…
1Opinion of the Court
By the Oov/rt
Ohateield, J.
The judgment of the District Hourt in this case must be reversed.
The Complaint of the Plaintiff below, and his reply to the *248Defendant’s Supplemental Answer, are inconsistent with each other.
The Complaint being true, the Plaintiff below was the real party in interest, and payment to him as alleged in the Defendant’s Supplemental Answer, constituted a valid defence to the action.
The Reply to the Supplemental Answer being true, the Plaintiff below was not the party in interest, and for that reason, could not maintain the action at all.
It cannot be answered in avoidance…
2Cited by8 opinions
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- State v. HinesSupreme Court of Minnesota · 1964
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Saint Croix Lumber Co. v. PenningtonSupreme Court Of The Territory Of Dakota · 1881
- Smith v. HarringtonWyoming Supreme Court · 1891
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