54 Minn. 255 | Minn. | 1893
A good cause of action was stated in tbe complaint herein, and tbe relief demanded was perfectly proper. Tbe objections made by defendant’s counsel upon tbe trial really amounted to a claim that, upon tbe allegations found in tbe pleading, plaintiff was not entitled to tbe relief demanded, which was tbe satisfaction and cancellation of ber note and mortgage, with such other
Appellant’s counsel assign as erroneous various rulings of the trial court excluding testimony offered for the purpose of showing that Stevens & Co. were respondent’s agents, and not the agents of their client, and this was the real question in the case. Of this class of testimony was the application for a loan offered by the defense, and excluded by the court. The paper did not purport tG bear the plaintiff’s signature, or to have been made by her personally, but was Signed “Adáie Payne, Applicant, by R J. Payne.” Without referring to the discrepancy between the plaintiff’s Christian name “Ada” and that of “Addie,” it may be said that the court could not assume that the signature “R J. Payne” was that of plaintiff’s husband and conceded agent, and no attempt was
Upon objection being made by plaintiff’s counsel the court refused to allow defendant’s witnesses to answer several questions, which, in the absence of other evidence, might have had a bearing upon the main issue between the parties. Such, for instance, as the question respecting a correspondence between Stevens & Co. and defendant in relation to this and other loans, and whether the former were furnished by the latter with blanks upon which to make applications for loans. The court below may haAre been somewhat strict in its rulings, but, when made, the officers of the defendant corporation had already testified that they did not know Stevens & Co.; that the correspondence was with Stoddard & Co., and with no one else; that the application came through Stoddard & Co., and that blank applications were not furnished by defendant, but were gotten up by Stoddard & Co. for their own use. Had the questions been answered favorably to defendant, the evidence would have been mere repetition. No harm could have resulted by its exclusion, and hence the rulings, if wrong, did not constitute prejudicial error.
The certificate of the trial judge fails to state that the settled case contains all of the eiddence produced upon the trial, and the fact cannot be inferred from anything appearing in the record. Hence we are unable to pass upon appellant’s eighteenth specification, that the court erred when directing a general verdict in plaintiff’s favor. Error in this respect has not been made to appear.
Order affirmed.