Kuske v. Jevne

Plaintiff appealed from an order denying his alternative motion for judgment or a new trial.

The facts are stated in 174 Minn. 484, 219 N. W. 766. Upon the second trial the court submitted to the jury the question whether the written guaranty, exhibit A, being exhibit D to the complaint, reached the bank before it closed. This related to its acceptance, the claim being made by defendants that the guaranty never reached the bank while in operation and hence could not have been accepted. The jury found in their favor. The evidence sustained this finding.

The undisputed evidence is that the…