Minnesota Supreme Court, 1888

Good v. Singleton

Good v. Singleton
Minnesota Supreme Court · Decided November 8, 1888 · Vanderburgh
39 Minn. 340; 40 N.W. 359; 1888 Minn. LEXIS 112 (Minnesota Reports)

Counsel

E. B. Holcombe, for appellants., Chamberlain & Countryman, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1911, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Good v. Singleton

Cases that cite this one

5 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Vanderburgh, J.

Plaintiffs were entitled to judgment for the amount of their claim. The evidence fails to establish the defendant’s plea of payment. He claims to have paid the amount due by certified check. But the check it appears was returned to him, received, indorsed by him, and collected of the bank. This is the fair inference to be derived from the evidence, in which there is no conflict. He, and not plaintiffs, then, has had the benefit of the check. If he relied upon the circumstance of the delivery of the check as payment, he should have retained and produced it on the trial for the use of the plaintiffs. But the giving of a cheek for the amount of the debt by the debtor to his creditor is not absolute payment, un*341less it is so agreed; and, where it is returned and used by the debtor, the debt remains.

Judgment reversed, and ease remanded, with directions to rendef judgment for the plaintiffs.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.