Brady v. Brennan
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Stearns county, MoKelvy, J., presiding, refusing a new trial, after verdict for defendants.
1Opinion of the CourtGtleillan, C. J.
Action on a promissory note. Defendants pleaded, as a counterclaim, that “the said plaintiff had and received of these, defendants four steers, each of the age of three years, and there and then of the j ust and full value of $120, which said sum the plaintiff was owing to these defendants at and before the commencement of this action.” This counterclaim is badly pleaded, for it does not show a sale of the steers, nor how they were had and received by plaintiff. No exception, however, was taken to it, and the *211defendants introduced evidence that plaintiff had, without their consent, taken the…
2Cases cited2 opinions
- Burnap v. PartridgeSupreme Court of Vermont · 1830
- State v. JohnsonSupreme Court of Minnesota · 1877
3Cited by8 opinions
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- Story & Isham Commercial Co. v. StoryCalifornia Supreme Court · 1893
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Downs v. FinneganSupreme Court of Minnesota · 1894
- Norris v. CohenSupreme Court of Minnesota · 1947
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