Finley v. Quirk
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RICE COUNTY. Points and authorities for Appellant. I. The justice, and not the court above, is to approve of the sureties (on an appeal bond). The statute does not require that the. surety should justify. Seo. 136, subd. 2, p. 517, seo. 125, p. 575, Oomp. Sts.; 1 Gowen, 576. • II.
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APPEAL EROM THE DISTRICT COURT OE RICE COUNTY. Points and authorities for Appellant. I. The justice, and not the court above, is to approve of the sureties (on an appeal bond). The statute does not require that the. surety should justify. Seo. 136, subd. 2, p. 517, seo. 125, p. 575, Oomp. Sts.; 1 Gowen, 576. • II. The offer to prove by the witness Burns that the Plaintiff had, since the commencement of this suit, been offered $100 for a horse which he swore was worth but $25, by a responsible party, and refused it, was clearly proper; and the subsequent proof by one witness of a cash offer of…
1Opinion of the Court
By the Court
Wilson, J.
Action for breach of warranty of a horse.
The suit was originally commenced in justice’s court, and after judgment removed by appeal into the District Court of Rice County.
In the complaint the Plaintiff “ charged that the Defendant in sale of a horse to him warranted the horse to be sound, perfect in every respect, and true, gentle, and willing to work — all which representations he knew to be false.”
Defendant in his answer “ denied the warranty and all knowledge of any defects, and alleged that at the time of sale the horse was sound, gentle, and willing to work.”
*198Verdict…
2Cases cited13 opinions
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Smith v. . WilcoxNew York Court of Appeals · 1862
- Stuart v. President, Directors & Co. of the Mechanics' & Farmers' BankNew York Supreme Court · 1822
- Northrup v. FootNew York Supreme Court · 1835
- President, Directors, & Co. of the Bank of Auburn v. Weed & AikenNew York Supreme Court · 1822
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3Cited by12 opinions
- Rule v. CareySupreme Court of Iowa · 1916
- Miller v. DonovanIdaho Supreme Court · 1905
- Frankel v. HillierNorth Dakota Supreme Court · 1907
- Swank v. MoisanOregon Supreme Court · 1917
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
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