Sullivan Lumber Co. v. Thorn
Sullivan Lumber Co. v. Thorn
124 Minn. 532; 144 N.W. 1135; 1913 Minn. LEXIS 520
(Minnesota Reports)
Sullivan Lumber Co. v. Thorn
Opinion of the Court
Plaintiff brought action on a promissory note. Defendant admitted the note, but counterclaimed the value of services alleged to have been rendered to plaintiff. She recovered a verdict of $330.50. The only question in the case is, does the evidence sustain this verdict. We have examined the evidence in this case with care. A majority of the court are of the opinion that due weight was not given to the presumption arising from the giving of the note (Beneke v. Beneke, 119 Minn. 441, 138 N. W. 689), and that the verdict is not justified by the evidence, and that a new trial should be granted.
Order reversed and new trial granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.