First National Bank v. Strait
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Scott county, Cadwell, J., denying its motion for a new trial after a verdict for defendant. Under G. S. 1894, § 5136, subd. 6, providing that in an action for relief on the ground of fraud the cause of action does not accrue until the discovery of the fraud, it is necessary that the fraud be actually discovered. The discovery contemplated by this statute is an actual discovery, not a constructive discovery.
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Appeal by plaintiff from an order of the district court for Scott county, Cadwell, J., denying its motion for a new trial after a verdict for defendant. Under G. S. 1894, § 5136, subd. 6, providing that in an action for relief on the ground of fraud the cause of action does not accrue until the discovery of the fraud, it is necessary that the fraud be actually discovered. The discovery contemplated by this statute is an actual discovery, not a constructive discovery. Berkey v. Judd, 22 Minn, at p. 299; O’Dell v. Burnham, 61 Wis. 562; McMahon v. McGraw, 26 Wis. 614; Wilder v. Secor, 72 Iowa,…
1Opinion of the Court
MITCHELL, .T.
The opinion on the former appeal (65 Minn. 162, 67 N. W. 987) contains a statement of most of the material facts. A second trial resulted in a verdict for the defendant, and from an order denying a new trial the plaintiff appealed.
The assignments of error Nos. 15 to 21, inclusive, relate to alleged errors of law occurring on the trial. All the others are to the effect that the verdict was not justified by the evidence, or that it was contrary to law. A motion for a new trial on the ground that the verdict is contrary to law is somewhat in the nature of a demurrer to the evidence;…
2Cases cited5 opinions
- Duxbury v. BoiceSupreme Court of Minnesota · 1897
- Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1893
- Humphrey v. CarpenterSupreme Court of Minnesota · 1888
- Adams v. CastleSupreme Court of Minnesota · 1896
- First National Bank v. StraitSupreme Court of Minnesota · 1896
3Cited by29 opinions
- Janice S. Hope v. Mirek KlabalCourt of Appeals for the Eighth Circuit · 2006
- Schmucking v. MayoSupreme Court of Minnesota · 1931
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Michael John Hernandez v. General Mills Federal CreditCourt of Appeals for the Eighth Circuit · 2017
- Bustad v. BustadSupreme Court of Minnesota · 1962
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