City of Winona v. Minnesota Railway Construction Co.
Supreme Court of Minnesota
This action was originally brought in August, 1874, against the Minnesota Railway Construction Company and Horace Thompson, to recover damages for the conversion, by the defendants, of certain negotiable bonds, with interest coupons attached, to the amount in the aggregate of $100,000, which had been executed by the plaintiff and deposited with the defendant Thompson, cashier of the First National Bank of St. Paul, to be held by him in escrow until the performance by the…
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This action was originally brought in August, 1874, against the Minnesota Railway Construction Company and Horace Thompson, to recover damages for the conversion, by the defendants, of certain negotiable bonds, with interest coupons attached, to the amount in the aggregate of $100,000, which had been executed by the plaintiff and deposited with the defendant Thompson, cashier of the First National Bank of St. Paul, to be held by him in escrow until the performance by the construction company of a contract made by it with the plaintiff on April 23, 1870, and, upon full performance of that…
1Opinion of the CourtGilfillan, C. J.
Although an expression used by the court in dismissing the appeal from the order allowing an amendment to the complaint in this case (25 Minn. 328) may indicate a different rule, we are satisfied that an order made previous to the commencement of a trial, and not as a part of it, granting an application for leave to amend the pleadings, cannot be reconsidered by the court below on a motion for a new trial. The abuse of discretion mentioned in Gen. St. 1878, c. 66, § 253, as ground for a new trial, is an abuse of discretion happening at the trial, which prevents a fair trial of the issues as…
2Cases cited2 opinions
- City of Winona v. ThompsonSupreme Court of Minnesota · 1877
- City of Winona v. CowdreySupreme Court of the United States · 1877
3Cited by23 opinions
- Phelps v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1887
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Home InsuranceSupreme Court of Minnesota · 1896
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Staples v. ZinnSupreme Court of Minnesota · 1974
- Warner v. FooteSupreme Court of Minnesota · 1889
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