Anderson v. Willson
Supreme Court of Minnesota
Action in the district court for Marshall county to recover $500 for conversion of two horses. The case was tried before Grindeland, J., and a jury which returned a verdict for $375. From an order denying their motion for a new trial, defendants appealed.
1Opinion of the CourtHallam, J.
Plaintiff gave to defendant Willson a mortgage on a span of horses to secure two notes of $200 each, one payable December 1, 1913, and the other payable December 1, 1914. About November 1, 1913, plaintiff paid said defendant $275, to be applied, first, in payment of a note of $34.50, the balance on the two mortgage notes. Both $200 notes were surrendered and a new note taken for the balance, which was $173. Plaintiff claims that it was agreed that the money and the new note were given and received in payment of the mortgage notes and in satisfaction of the mortgage. On maturity of the $173…
2Cases cited10 opinions
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- State ex rel. County Treasurer of Mille Lacs County v. DikeSupreme Court of Minnesota · 1874
- Powell v. GagnonSupreme Court of Minnesota · 1893
- Torp v. GulsethSupreme Court of Minnesota · 1887
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3Cited by3 opinions
- Munson v. BenselSupreme Court of Minnesota · 1927
- Bogstad v. AndersonSupreme Court of Minnesota · 1919
- Hyde County State Bank v. State BankSouth Dakota Supreme Court · 1924