Pinney v. Jorgenson
Supreme Court of Minnesota
Appeal by defendant from a judgment of tbe district court-for Kandiyohi county, Brown, J., presiding, affirming a judgment of a justice of the peace from which the defendant, had appealed on questions of law alone.
1Opinion of the CourtGilfillan, C. J.
Action oh a note which, after the promise to pay a stated sum, continued, “And if not paid when due, and the same is sued, $10 if sued in justice court, and $25 if sued in district court, additional, to defray the expenses of plaintiff for his suing the same, to be entered up as a part of the judgment.” The note was sued in a justice court, and the defence as to the $10 is a.tender before suit brought of the amount due on the note. At the time of the alleged tender, there was due and unpaid, of the amount mentioned in the note, only $8.60.
The evidence as to the tender was that of defendant,…
2Cited by6 opinions
- Campbell v. WormanSupreme Court of Minnesota · 1894
- Johnston Harvester Co. v. ClareSupreme Court of Minnesota · 1883
- Supreme Tent v. FisherIndiana Court of Appeals · 1910
- Deering Harvester Co. v. HamiltonSupreme Court of Minnesota · 1900
- First National Bank of Herman v. Cargill Elevator Co.Supreme Court of Minnesota · 1923
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