Van Dyke v. Seelye
Supreme Court of Minnesota
Appeal by defendant William H. Eustis from an order of the District Court of Hennepin county, Canty, J., made August 29, 1891, refusing his motion for a new trial. Wilson J. Yan Dyke brought this action to recover the contents of a promissory note for $3,800, and interest, dated October 4, 1886, payable to his order seven months thereafter, made by Seelye & Harris, and indorsed by W. E. Neal & Co., of which last-named firm Eustis was a member.
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Appeal by defendant William H. Eustis from an order of the District Court of Hennepin county, Canty, J., made August 29, 1891, refusing his motion for a new trial. Wilson J. Yan Dyke brought this action to recover the contents of a promissory note for $3,800, and interest, dated October 4, 1886, payable to his order seven months thereafter, made by Seelye & Harris, and indorsed by W. E. Neal & Co., of which last-named firm Eustis was a member. All the members of both firms were made defendants. On the trial a verdict was rendered against all for $1,-555.51, balance due. Eustis claimed that…
1Opinion of the CourtMitchell, J.
The evidence in this case proved, or at least tended to prove, the following facts:
The firm of W. E. Neal & Co., composed of one Neal and the appellant, Eustis, were the agents of plaintiff for the purpose of looking after his pine lands, with authority to collect stumpage for timber cut by trespassers, also to make contracts (subject to plaintiff’s approval) for the sale of stumpage, and for cutting and driving logs, for which services they were to receive from plaintiff five per cent, of the net proceeds of all such collections or sales. In pursuance of this agency, Neal made with the firm…
2Cases cited8 opinions
- Mercein v. Andrus & MackNew York Supreme Court · 1833
- Selden, Withers & Co. v. Bank of CommerceSupreme Court of Minnesota · 1859
- Bank of Commerce v. Selden, Withers & Co.Supreme Court of Minnesota · 1859
- Reubin v. CohenCalifornia Supreme Court · 1874
- Elliott v. DudleyNew York Supreme Court · 1855
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