Nichols & Shepard Co. v. Hackney
Supreme Court of Minnesota
Action in the district court for Watonwan county to- recover. $951.91 with interest on three promissory notes. The casé was tried before Severance, J., and a jury. At the close of the testimony the court granted the motion of plaintiff to dismiss the action as to defendant Weymouth, and the jury rendered a verdict in favor of defendant Hackney. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the Court
BROWN, J,
• The complaint in this action contains three causes of action, based upon three promissory notes heretofore made and delivered to plaintiff by defendants. The answer admits the making and delivery of the notes, and alleges, in defense — First, that all the notes have been paid; and, second, that those mentioned in the first and second causes of action are barred by the statute of limitations. The notes were given by defendants in payment for a thresher outfit purchased of plaintiff at about the time they were so given. At the trial in the court below plaintiff dismissed the action…
2Cited by3 opinions
- Avery Planter Co. v. PeckSupreme Court of Minnesota · 1900
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Valley Lumber Co. v. McGilveryIdaho Supreme Court · 1908