Legal Opinion

Miller v. Lathrop

Supreme Court of Minnesota

Decided May 24, 1892PublishedCited by 17 opinions

Appeal by defendants, William Y. Lathrop and Charles P. Ireland, from an order of the District Court of Swift county, Powers, J., made October 9, 1891, denying their motion for a new trial. Joseph Miller, the husband of plaintiff, on January 8, 1890, executed and delivered to defendants a. mortgage, upon four horses, three cows, and some farm machinery, to secure the payment to them of $206.86 one year thereafter, with interest at ten per cent, a year.

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Appeal by defendants, William Y. Lathrop and Charles P. Ireland, from an order of the District Court of Swift county, Powers, J., made October 9, 1891, denying their motion for a new trial. Joseph Miller, the husband of plaintiff, on January 8, 1890, executed and delivered to defendants a. mortgage, upon four horses, three cows, and some farm machinery, to secure the payment to them of $206.86 one year thereafter, with interest at ten per cent, a year. He died in December following. The debt.fell due, but was not paid. In April, 1891, defendants took the property under the mortgage, and were…

1Opinion of the Court

GtljtliíAN, C. J.

There is no assignment of errors covering the ■question of error in excluding evidence that plaintiff did not list the ■animals now claimed by her for taxation.

The evidence offered, that plaintiff’s husband listed the property for taxation as his, and that he had previously mortgaged it as his, without evidence that she authorized or knew of and acquiesced in it, was not evidence against her that the property was his. It could not be admitted on the theory of authority in him to do those acts, for, while he might be regarded as her agent or bailee for the purpose of working…

2Cases cited1 opinion

  1. St. Paul Trust Co. v. Wampach Manufacturing Co.Supreme Court of Minnesota · 1892

3Cited by17 opinions

  1. In Re Estate of OlsonSupreme Court of Minnesota · 1929
  2. People v. RomeroNew York Court of Appeals · 1991
  3. Terrapin v. BarkerSupreme Court of Oklahoma · 1910
  4. Saavedra v. StateCourt of Criminal Appeals of Texas · 2009
  5. Guan Lee v. United StatesCourt of Appeals for the Seventh Circuit · 1912

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