Legal Opinion

Webster v. Bader

Supreme Court of Minnesota

Decided November 19, 1909No. Nos. 16,381—(85)PublishedCited by 3 opinions

Two separate actions against Louise P. Bader and William A. Sorg in the municipal court of Minneapolis, to recover $300 and $450 respectively upon promissory notes. The answers admitted the giving of the notes,' and set up a breach of warranty as a counterclaim. Defendants’ motion for an order consolidating the two actions and remanding them after consolidation to the district court having been denied, Charles L. Smith, J., they appealed.

1Opinion of the CourtBrown, J.

Defendant Sorg purchased of plaintiff an automobile, and in part payment therefor made and delivered to plaintiff his two promissory notes, of $450 each, which defendant Bader signed as surety. After the maturity of the notes, plaintiff brought two separate actions in the municipal court of Minneapolis to recover thereon, and defendants interposed in each the defense of a breach of warranty in the sale of the automobile and resulting damages. When the actions were called for trial in the municipal court, defendants moved that they be consolidated, and, as the aggregate amount sought to be…

2Cited by3 opinions

  1. Swiggum v. Valley Investment Co.North Dakota Supreme Court · 1944
  2. Plunkett v. LampertSupreme Court of Minnesota · 1950
  3. Plunkett v. LampertSupreme Court of Minnesota · 1950

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