Elston v. Fieldman
Supreme Court of Minnesota
Appeal by defendant, Aaron Fieldman, from an order of the Municipal Court of the City of Duluth, Erie L. Winje, J. made November 25, 1893, denying his motion for a new trial. On July 9', 1892, Charles W. Elston and Charles A. Britts were partners in business as bankers and ticket brokers at Duluth. They agreed with defendant on that day to sell to him and send to his brother’s family in Odessa, Russia, passage tickets from Hamburg, Germany, to Duluth in this state.
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Appeal by defendant, Aaron Fieldman, from an order of the Municipal Court of the City of Duluth, Erie L. Winje, J. made November 25, 1893, denying his motion for a new trial. On July 9', 1892, Charles W. Elston and Charles A. Britts were partners in business as bankers and ticket brokers at Duluth. They agreed with defendant on that day to sell to him and send to his brother’s family in Odessa, Russia, passage tickets from Hamburg, Germany, to Duluth in this state. Defendant paid them therefor $248.50 and they sent the tickets, but on account of the prevalence of cholera in Russia the family…
1Opinion of the CourtGtli'Tllan, C. J.
The appellant, when in this court, attempts to shift his ground of defense and counterclaim, as presented in his answer. The ground set forth in the answer is that the plaintiffs sold to defendant’s brother, L. Fieldman, steamship and railroad tickets for the passage of his family from Hamburg, Germany, to Duluth, in this state, and that the tickets were worthless. Here the appellant claims that the transaction was a contract on the part of the plaintiffs to transport said family from Hamburg to Duluth, which they failed to perform. The court below found the transaction to have been what it…
2Cases cited1 opinion
- Christofferson v. HoweSupreme Court of Minnesota · 1894
3Cited by3 opinions
- Creteau v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1911
- Christofferson v. HoweSupreme Court of Minnesota · 1894
- Diamond v. DennisonSupreme Court of Minnesota · 1907