Pennsylvania Insurance v. Murphy
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and authorities of Appellant: First. — The Court below erred in refusing to permit the original articles of association to be read in evidence by the Plaintiff, without first proving the signatures of the Defend-' ants thereto appended. Comp.
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APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. Points and authorities of Appellant: First. — The Court below erred in refusing to permit the original articles of association to be read in evidence by the Plaintiff, without first proving the signatures of the Defend-' ants thereto appended. Comp. Stat., p. 685, Sec. 80. Second. — The Court below erred in refusing to permit the Plaintiff to prove the acts of the Company (The St. Anthony Falls Steamboat Company) through its members and officers, after the articles of association had been introduced in evidence. 1. The evidence then before the…
1Opinion of the Court
By the Oourt
Elandrau, J.
Tbe first error complained of by the Plaintiff, is tbe rejection of tbe articles of association by tbe Court, when offered in evidence to prove tbe existence of tbe Company. Prom what subsequently transpired on the trial, it is quite clear that tbe Court rejected them for the first reason assigned by tbe Defendants in their objection, that the articles were not proved. This objection would have been good, bad not our Statutes changed tbe burthen. of proof in all such cases, and thrown tbe onus ujion the party against whom tbe instrument is offered to disprove bis…
2Cited by6 opinions
- Beigler v. ChamberlinSupreme Court of Minnesota · 1920
- Rosenberg v. BurnsteinSupreme Court of Minnesota · 1895
- Quevli Farms, Inc. v. Union Savings Bank & Trust Co.Supreme Court of Minnesota · 1929
- Cummings v. Edwards-Wood Co.Supreme Court of Minnesota · 1905
- Shedd v. Calumet Const. Co.Court of Appeals for the Seventh Circuit · 1921
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