Legal Opinion

Memmer v. Carey

Supreme Court of Minnesota

Decided June 8, 1883PublishedCited by 10 opinions

Appeal by defendant from a judgment of the municipal court of St. Paul. Win. Louis Kelly, for respondents, cited Badger v. Titeoinb, 26 Am. Dec. 611; S. C. 15 Pick. 409; Secor v. Sturgis, 16 N. Y. 548; Perry v. Dickerson, 85 N. Y. 345; Notes to Guernsey v. Carver, (8 Wend. 492;) 24 Am. Dee. 60.

1Opinion of the Court

By the Court.

There was a running account between plaintiffs and defendant, for butcher’s meat sold by the former- to the latter from time to time, between January 1 and October 6, 1882; the balance remaining unpaid at the latter date being something over $160. On October 19th, plaintiffs recovered judgment in a justice’s court for $100 of this balance, having commenced suit therefor on October 11th. There being no evidence in the case at bar having any reasonable tendency to show that the meat was furnished upon any agreement for credit, the price of it was due upon delivery, and hence…

2Cases cited3 opinions

  1. Secor v. . SturgisNew York Court of Appeals · 1858
  2. Guernsey v. CarverNew York Supreme Court · 1832
  3. American Button-Hole, Overseaming & Sewing-Machine Co. v. ThorntonSupreme Court of Minnesota · 1881

3Cited by10 opinions

  1. Lewers & Cooke, Ltd. v. RedhouseHawaii Supreme Court · 1902
  2. Lebens v. NelsonSupreme Court of Minnesota · 1921
  3. Pierro v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
  4. Wichita & Western Railroad v. BeebeSupreme Court of Kansas · 1888
  5. Campbell v. Village of Silver BayCourt of Appeals for the Eighth Circuit · 1963

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