Thul v. Ochsenreiter
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Scott county, in favor of plaintiff for $179.35, entered in pursuance of the order of Cadwell, J.
1Opinion of the Court
CANTY. J.
This is an appeal from a judgment entered on an order striking out the amended answer as sham.
The complaint is on a promissory note made by the defendant to plaintiff for the sum of $120.60. The original answer admitted the making of the note, and alleged as a defense to it that the consideration for it was the purchase price of spirituous and intoxicating *112liquor sold by plaintiff to defendant in South Dakota, and that the sale thereof was illegal, and contrary to the constitution and laws of South Dakota. The plaintiff moved the court on three affidavits, one made by himself, one by…
2Cited by2 opinions
- Towne v. DunnSupreme Court of Minnesota · 1912
- Hertz v. HartmannSupreme Court of Minnesota · 1898