Legal Opinion

Barker v. Walbridge

Supreme Court of Minnesota

Decided July 15, 1869PublishedCited by 7 opinions

An appeal is taken in this case, by defendant, from an order of the district court for Steele county, denying his motion for a new trial, after verdict for plaintiff. The case is fully stated in the opinion of the court.

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An appeal is taken in this case, by defendant, from an order of the district court for Steele county, denying his motion for a new trial, after verdict for plaintiff. The case is fully stated in the opinion of the court. The note should have been admitted in evidence, as the tender of a creditor’s own. over-due notéis equivalent to a tender in money. 2 Parsons on Contracts, 154, note “ a, ” ; Folly vs. Mason, 6 Mcl., 37. It is on this principle that our whole law of set-off is based. The plaintiff cannot, by changing his form of action, deprive the defendant of his right of set-off or counter…

1Opinion of the Court

*474 By the Court

Gtleillam, Oh. J.

This was an action brought under Chap. 84, Gen. Stat., before a justice of the peace, by a landlord against his tenant, to recover possession of rented premises, for non-payment of rent due, to the amount of $250.

The tenant alleges that when the rent came due he held plaintiff’s over due promissory note, on which was due $230, which, with $20 in money, he tendered in payment of the rent. The action went by appeal to the district court where plaintiff had a verdict. Defendant moved for a new trial, and from the order denying the motion, appeals to this court. The…

2Cases cited3 opinions

  1. Barhyte v. HughesNew York Supreme Court · 1861
  2. Walker v. WilsonWisconsin Supreme Court · 1861
  3. Gates v. SmithSupreme Court of Minnesota · 1858

3Cited by7 opinions

  1. Banning v. BradfordSupreme Court of Minnesota · 1875
  2. Williams v. MurphySupreme Court of Minnesota · 1875
  3. Birdsall v. FischerSupreme Court of Minnesota · 1871
  4. Matthews v. TorinusSupreme Court of Minnesota · 1875
  5. Bennett v. Orange State Oil CompanySupreme Court of Florida · 1946

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