First State Bank of Aberdeen v. Thuet
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Ramsey county, Brill, J., denying a motion for judgment notwithstanding the verdict or for a new trial. Tiedeman, Com. Paper, § 227; Daniel, Neg. Inst. (5th Ed.) § 509; First National Bank v. Bensley, 2 Fed. 609; Burke v. Utah, 47 Neb. 247; 3 Am. & Eng. Enc. (1st Ed.) 333, Plaintiff did not attempt to enforce a special and conditional contract.
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Appeal by defendants from an order of the district court for Ramsey county, Brill, J., denying a motion for judgment notwithstanding the verdict or for a new trial. Tiedeman, Com. Paper, § 227; Daniel, Neg. Inst. (5th Ed.) § 509; First National Bank v. Bensley, 2 Fed. 609; Burke v. Utah, 47 Neb. 247; 3 Am. & Eng. Enc. (1st Ed.) 333, Plaintiff did not attempt to enforce a special and conditional contract. The telegram was a sufficient acceptance of the draft, which was drawn by Gifford upon the defendants and discounted by the plaintiff. Woodard v. Griffiths-Marshall Grain C. Co., 48 Minn.…
1Opinion of the CourtStart, C. J.
Action to recover $800 paid by the plaintiff to the drawer of a draft on the defendants in reliance upon a telegram received by it from them to the effect that they would honor the draft if two car loads of cattle were consigned to them. At the close of the evidence the trial court directed a verdict for the plaintiff for $828, the amount so paid, with interest. The defendants appealed from an order denying their alternative motion for judgment or a new trial.
The principal question to be here determined is whether the facts established by the undisputed evidence justify the conclusion that…
2Cases cited4 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
- McCausland v. Wheeler Savings BankAppellate Court of Illinois · 1891
- First National Bank of Batavia v. . EgeNew York Court of Appeals · 1888
3Cited by5 opinions
- First National Bank v. Rogers-Amundson-Flynn Co.Supreme Court of Minnesota · 1922
- Nicholas v. Hennepin Wheel Goods Co.Supreme Court of Minnesota · 1953
- Walker v. StimmelNorth Dakota Supreme Court · 1906
- First Nat. Bank v. PaulsonNorth Dakota Supreme Court · 1940
- First National Bank v. PaulsonNorth Dakota Supreme Court · 1940