Newell v. Randall
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Big Stone county, Brown, J., presiding, refusing a new trial. cited 2 Pomeroy Eq. Jur. §§ 901, 906; Bigelow on Fraud, 31; Dambmann v. Schulte, 75 N. Y. 55; 1 Story Eq. Jur. § 207; Van Arsdale v. Howard, 5 Ala. 596; 2 Parsons on Cont. 366; Bell v. Ellis, 33 Cal. 620; Lupin v. Marie, 6 Wend. 77, 83; Smith v. Smith, 21 Pa. St. 367; Backentoss v. Speicher, 31 Pa.
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Appeal by defendant from an order of the district court for Big Stone county, Brown, J., presiding, refusing a new trial. cited 2 Pomeroy Eq. Jur. §§ 901, 906; Bigelow on Fraud, 31; Dambmann v. Schulte, 75 N. Y. 55; 1 Story Eq. Jur. § 207; Van Arsdale v. Howard, 5 Ala. 596; 2 Parsons on Cont. 366; Bell v. Ellis, 33 Cal. 620; Lupin v. Marie, 6 Wend. 77, 83; Smith v. Smith, 21 Pa. St. 367; Backentoss v. Speicher, 31 Pa. St. 324; Redington v. Roberts, 25 Vt. 686; Irving v. Motly, 7 Bing. 543; Cross v. Peters, 1 Greenl. (Me.) 376; Bidault v. Wales, 19 Mo. 36; Cochrane v. Halsey, 25 Minn. 52.
1Opinion of the CourtMitchell, J.
Action of replevin, plaintiff alleging himself to be the owner and entitled to the possession of the personal property in controversy. Defendant, by his answer, denies plaintiff’s ownership and right of possession, and alleges that it was the property of one Bauman, and justifies his taking, as sheriff, by virtue of certain writs of attachment against the property of Bauman. In reply, plaintiff alleges that he sold the property to Bauman on credit, induced so to do *172by false and fraudulent representations of Bauman as to his financial condition, which rendered the sale voidable, and gave him…
2Cases cited1 opinion
- Berkey v. JuddSupreme Court of Minnesota · 1875
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