Legal Opinion

Valerius v. Richard

Supreme Court of Minnesota

Decided June 12, 1894No. 8577PublishedCited by 19 opinions

Appeal by Tedy Richard, Louis Berry and fourteen others, defendants, from an order of the District Court of Polk County, Ira B. Mills, J., made December 27,1892, granting the plaintiff, Nicholas P. Valerius, a new trial after verdict for defendants.

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Appeal by Tedy Richard, Louis Berry and fourteen others, defendants, from an order of the District Court of Polk County, Ira B. Mills, J., made December 27,1892, granting the plaintiff, Nicholas P. Valerius, a new trial after verdict for defendants. The plaintiff, Nicholas P. Valerius, brought this action upon a promissory note made by the defendants November 28, 1890, by which they promised to pay Kingsland Bros, or order $2,000 in installments, $300 in one year, $700 in two years and $800 in three years thereafter, with interest annually at the rate of eight per cent per annum. Plaintiff…

1Opinion of the CourtCollins, J.

At the trial of this cause, at the request of defendants’ counsel, the court plainly charged the jury that, if they found a certain fact from the evidence, the defendants could not be held liable upon the note in suit. To this, counsel for plaintiff took no exception, nor was there even a suggestion that it was erroneous. The verdict being for defendants, a motion to set it aside, and for a new trial, was made by plaintiff’s attorneys, on two- grounds,— those specified in 1878, G. S. ch. 66, § 253, subd. 5th and 7th. Subsequently, and, as stated by the court in its order, solely because there…

2Cases cited3 opinions

  1. Porter v. ChandlerSupreme Court of Minnesota · 1880
  2. Bergh v. SloanSupreme Court of Minnesota · 1893
  3. Barker v. ToddSupreme Court of Minnesota · 1887

3Cited by19 opinions

  1. Ginsberg v. WilliamsSupreme Court of Minnesota · 1965
  2. Norman v. LambertSupreme Court of Oklahoma · 1917
  3. Buck v. BuckSupreme Court of Minnesota · 1913
  4. Parker v. FrybergerSupreme Court of Minnesota · 1925
  5. American Engine Co. v. CrowleySupreme Court of Minnesota · 1908

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