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109 Minn. 146

Webster v. Bader

Supreme Court of Minnesota

Decided November 19, 1909

Supreme Court of Minnesota · decided 1909-11-19

Two separate actions against Louise P. Bader and William A. Sorg in the municipal court of Minneapolis, to recover $300 and $450 respectively upon promissory notes. The answers admitted the giving of the notes,' and set up a breach of warranty as a counterclaim. Defendants’ motion for an order consolidating the two actions and remanding them after consolidation to the district court having been denied, Charles L. Smith, J., they appealed.

Cited by 1 later decisions — most recently July 1950

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1909-11-19

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BROWN, J.

¶1Defendant Sorg purchased of plaintiff an automobile, and in part payment therefor made and delivered to plaintiff his two promissory notes, of $450 each, which defendant Bader signed as surety. After the maturity of the notes, plaintiff brought two separate actions in the municipal court of Minneapolis to recover thereon, and defendants interposed in each the defense of a breach of warranty in the sale of the automobile and resulting damages. When the actions were called for trial in the municipal court, defendants moved that they be consolidated, and, as the aggregate amount sought to be recovered by plaintiff in both actions exceeded the jurisdiction of that court, that they be transferred to the district court of Hennepin county. The motion was denied, and defendants appealed.

¶2The order is not appealable, and the appeal is dismissed.

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