Julius Kessler & Co. v. Parelius
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $4-7.72 upon a promissory note and $42.40 paid to the government for defendants’ use and benefit. The answer alleged defendant Melgord in behalf of defendants applied to plaintiff corporation for a loan and plaintiff stated it would make the loan if defendants would buy of it ten barrels of whiskey stored in bond.
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Action in the municipal court of Minneapolis to recover $4-7.72 upon a promissory note and $42.40 paid to the government for defendants’ use and benefit. The answer alleged defendant Melgord in behalf of defendants applied to plaintiff corporation for a loan and plaintiff stated it would make the loan if defendants would buy of it ten barrels of whiskey stored in bond. That on a subsequent day plaintiff by its agent stated to defendant Parelius that his codefendant and partner Melgord had agreed to buy of plaintiff ten barrels of whiskey and execute notes therefor and in consideration of that…
1Opinion of the CourtJaggard, J.
This is an action on a promissory note and for moneys paid for the use and benefit of the defendants. The note was given for certificates to certain whiskey in a government bonded warehouse, which were delivered to the purchaser as a part of the transaction for which the note was given. The money advanced was for the government tax on a part of the whiskey, which was afterwards withdrawn from bond. Plaintiff rested its case upon the written contract, the note. The defendants, over plaintiff’s objection, gave oral testimony as to what they claimed was the oral contract entered into at the time…
2Cases cited5 opinions
- I. L. Corse & Co. v. Minnesota Grain Co.Supreme Court of Minnesota · 1905
- Wheaton Roller-Mill Co. v. John T. Noye Manufacturing Co.Supreme Court of Minnesota · 1896
- Potter v. EastonSupreme Court of Minnesota · 1901
- Loveland v. SteenersonSupreme Court of Minnesota · 1906
- Southwick v. HerringSupreme Court of Minnesota · 1901
3Cited by15 opinions
- Texas Co. v. NorthupSupreme Court of Virginia · 1930
- Larson v. ThomasSouth Dakota Supreme Court · 1927
- McCaffrey v. MitchellSupreme Court of Colorado · 1936
- Dixon v. MillerNevada Supreme Court · 1919
- Jimmerson v. Troy Seed Co.Supreme Court of Minnesota · 1952
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