Southwick v. Herring
Supreme Court of Minnesota
Action in the district court for Faribault county on a promissory note. The case was tried before Cray, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the Court
START, C. J.2
Action on a promissory note, dated November 1, 1876, for $110, with interest at the rate of twelve per cent, per annum, payable to the order of T. S. Fellows, and executed by the defendant. The complaint alleged the making of the note and its transfer to the plaintiff. The answer admitted the execution of the note, and alleged that it had been settled and extinguished by the settlement of a former action between the parties hereto. Verdict for the defendant, and the plaintiff appealed from an order denying his motion for judgment nothwithstanding the verdict, or for a new trial.
Th…
2Cases cited3 opinions
- Otis v. KennedyMichigan Supreme Court · 1895
- Vaughan v. McCarthySupreme Court of Minnesota · 1895
- Hand v. Ryan Drug Co.Supreme Court of Minnesota · 1896
3Cited by2 opinions
- Julius Kessler & Co. v. PareliusSupreme Court of Minnesota · 1909
- Bjornstad v. Northern States Power Co.Supreme Court of Minnesota · 1935