Legal Opinion

Kies v. Searles

Supreme Court of Minnesota

Decided July 16, 1920No. 21,864PublishedCited by 16 opinions

Action in tiie district court for Lyon county to recover $1,000 upon a promissory note. The defense is stated in the third paragraph of the opinion. The case was tried before Clague, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict for defendants. Plaintiff’s motion for judgment notwithstanding the verdict was granted and his motion for a new trial was denied.

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Action in tiie district court for Lyon county to recover $1,000 upon a promissory note. The defense is stated in the third paragraph of the opinion. The case was tried before Clague, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict for defendants. Plaintiff’s motion for judgment notwithstanding the verdict was granted and his motion for a new trial was denied. From the order granting judgment notwithstanding the verdict, defendants appealed.

1Opinion of the CourtDibell, J.

Action to recover upon a promissory note for $1,000. There was a verdict for the defendants. The plaintiff moved in the alternative for judgment notwithstanding the verdict or for a new trial. The motion for judgment was granted and the motion for a new trial was denied. The defendants appeal from the order.

1. The plaintiff owned a half section of land in North Dakota encumbered by three mortgages, one for $1,500, one for $1,800, and another for $4,200. The defendant H. R. Searles owned a hotel property in Brewster, Minnesota. On April 1, 1916, the parties exchanged properties, the defendant…

2Cases cited5 opinions

  1. Perkins v. TrinkaSupreme Court of Minnesota · 1883
  2. Mountain v. DaySupreme Court of Minnesota · 1904
  3. Brown v. AndrewsSupreme Court of Minnesota · 1911
  4. Sunset Orchard Land Co. v. Sherman Nursery Co.Supreme Court of Minnesota · 1913
  5. Kelley v. HopkinsSupreme Court of Minnesota · 1908

3Cited by16 opinions

  1. Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
  2. Parker v. FrybergerSupreme Court of Minnesota · 1925
  3. Trovatten v. HansonSupreme Court of Minnesota · 1927
  4. Central Metropolitan Bank v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1924
  5. Wegmann v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1925

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