Keough v. McNitt
Supreme Court of Minnesota
APPEAL TO THE DISTRICT COURT OP RAMSEY COUNTY. The complaint alleges that on and prior to the 9th day of February, a. d. 1858, the Plaintiff had been engaged in the livery business in Saint Paul, and in connection with his said business had contracted certain debts which were then standing against him, among which was a note given by Plaintiff to Cave & Dunwell, dated August 14th, 1856, for seven hundred dollars, payable in one year, with interest at three per cent, per…
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APPEAL TO THE DISTRICT COURT OP RAMSEY COUNTY. The complaint alleges that on and prior to the 9th day of February, a. d. 1858, the Plaintiff had been engaged in the livery business in Saint Paul, and in connection with his said business had contracted certain debts which were then standing against him, among which was a note given by Plaintiff to Cave & Dunwell, dated August 14th, 1856, for seven hundred dollars, payable in one year, with interest at three per cent, per month, till paid. That on said 9th day of February, 1858, the Plaintiff sold and transferred an undivided half interest in…
1Opinion of the Court
*522 By the Court.
Emmett, C. J.
— Tbe District Judge, as appears from the opinion on file, based the order granting to the Defendant a new trial, solely on the ground of newly discovered evidence.
On the trial before the referee it became material to ascertain whether the Plaintiff had paid a certain note given by him to Cave and Dunwell. The Plaintiff swore that he had so paid, and introduced a receipt to that effect, signed by the attorney of said Cave and Dunwell. The referee found that the Plaintiff had paid said note, and he included the amount thereof in the j udgment which he reported in…
2Cited by4 opinions
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- Goenen v. SchroederSupreme Court of Minnesota · 1871
- Robinson v. BarnettSupreme Court of Florida · 1882
- Bantz v. BasnettWest Virginia Supreme Court · 1877