Stariha v. Greenwood
Supreme Court of Minnesota
The plaintiffs are • executors of Timothy Kirby. The defendant appeals from an order of the district court- for Goodhue county, Crosby, J., presiding, refusing a new trial, after verdict for plaintiffs.
1Opinion of the CourtMitchell, J.
This action was brought to recover of defendant the amount of a promissory note, executed by one Michael Gaffney to said Kirby. The allegations of the complaint — which are supported by the evidence — are that in consideration of, and as part purchase price of, certain real estate sold and conveyed by Gaffney to defendant, the latter agreed to and with Gaffney to pay Kirby the note referred to. The complaint does not allege that Kirby or his representatives, prior to the- commencement of this action, ever accepted defendant’s promise, or released Gaffney. The promise or agreement of defendant…
2Cases cited1 opinion
- Sullivan v. MurphySupreme Court of Minnesota · 1876
3Cited by7 opinions
- Baker v. EglinOregon Supreme Court · 1884
- Kramer v. GardnerSupreme Court of Minnesota · 1908
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Plano Manufacturing Co. v. BurrowsSupreme Court of Kansas · 1888
- Mine & Smelter Supply Co. v. Stockgrowers' BankCourt of Appeals for the Eighth Circuit · 1909
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