Legal Opinion

Smith v. Stanchfield

Supreme Court of Minnesota

Decided November 8, 1901No. Nos. 12,814—(79)PublishedCited by 6 opinions

Appeal by defendant from an order of the municipal court of Minneapolis, Holt, J., denying a motion for a new trial.

1Opinion of the CourtLewis, J.

Action upon a promissory note dated March 11, 1895, due in thirty days. Defense, that the defendant was adjudged a bankrupt upon May 23, 1899, and duly discharged as such on July 8, 1899. Reply, that after July 8, 1899, and before commencement of the action, defendant ratified, confirmed, and renewed the original promise to pay the note. The trial court found that, subsequent to defendant’s discharge in bankruptcy, he promised and agreed to pay the note, and ordered judgment for the plaintiff. Thereupon defendant appealed.

The assignments of error present only two questions to this court: (1)…

2Cases cited4 opinions

  1. Allen & Co. v. FergusonSupreme Court of the United States · 1874
  2. Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
  3. Bigelow v. NorrisMassachusetts Supreme Judicial Court · 1885
  4. Tompkins v. HazenAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by6 opinions

  1. Evans v. StaalleSupreme Court of Minnesota · 1903
  2. London v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1910
  3. International Harvester Co. of America v. LymanSupreme Court of Minnesota · 1903
  4. United States National Bank v. MillerOregon Supreme Court · 1926
  5. Pearsall v. TabourSupreme Court of Minnesota · 1906

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