Volume 156 — Minnesota Reports

Action in the district court for St. Louis county to recover $1,250 upon an insurance policy. The case was tried before Dancer, J., who made findings and ordered judgment for $1,150. Defendant’s motion for an additional finding was granted. From an order denying its motion 'for a new trial, the National Liberty Insurance Company of America appealed.

Action in the district court for Brown county to recover $486.50, the price of a carload of coal. The case was tried before Olsen, J., who when plaintiff rested, denied defendant’s motion to dismiss the action and at the close of the testimony denied its motion for a directed verdict, and a jury which returned a verdict for $357.51. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Affirmed.

<p>Real estate brokers not entitled to commission.</p> <p>The evidence does not require findings that plaintiffs, real estate 'brokers, produced a purchaser ready, willing and able to buy the furnishings and furniture of defendant’s hotel and enter a lease for a five or ten year term, but sustains the findings that neither of the two persons sent to defendant was willing to buy and lease on the terms authorized by him.</p> <p>Action in the district court for Ramsey county to recover $2,430 commission for the sale of hotel property. The case was tried in Beltrami county before Stanton, J., who made findings and dismissed the action on the merits. Plaintiffs’ motion for amended findings was denied. From an order denying their motion for a new trial, plaintiffs appealed. Affirmed.</p>

Action in the district court for St. Louis county to recover possession of an automobile or the ,sum of $2,500, the value thereof. The case was tried before Hughes, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion to set aside the findings or for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $840 commission for the sale of land. The case was tried before Hanft, J., who made findings and ordered judgment in favor of plaintiffs. From that part of the order denying his motion for amended findings and conclusions or for a new trial and from the order granting plaintiffs’ motion 'for an amended complaint, defendant appealed.

Action in the district court for Crow Wing county to recover $7,500 for the death of plaintiff’s intestate. The case was tried before McClenahan, J., who at the close of the testimony granted defendants’ motion for a directed verdict in their favor. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $2,200 upon an accident insurance policy. The case was tried before Mag-ney, J., who at the close of the testimony denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which returned a verdict for $2,400.97. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to determine adverse claims to vacant and unoccupied, real estate. The case was tried before Molyneaux, J., who when plaintiff rested denied motions of defendants Woodhill Bealty Company and William Hood Dunwoody Industrial Institute to dismiss the action, made findings and ordered judgment in favor of defendants. Plaintiff’s motion for amended and additional findings and conclusions was denied.

Action in the district court for Hennepin county to recover $22,633 for breach, of contract. The case came on for trial before Michael, J., whereupon defendant objected to the introduction of any testimony, the objection was sustained and defendant’s motion for judgment on the pleadings was granted. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to restrain defendant from soliciting plaintiff’s customers or from using lists of their names. From an order, Molyneaux, J., denying her motion for a temporary injunction, plaintiff appealed.

Action in the district court for Hennepin county to recover $2,-638.25 upon a contract. Defendant interposed a counterclaim for work and labor amounting to $1,246.06 under the same contract. The court appointed three referees to try the case, as mentioned in the opinion, who heard the testimony, made findings and filed their amended report. The court, Dickinson, J., heard arguments, made findings and ordered judgment in favor of plaintiff for $2,482.72.

Upon the relation of Oarl Hendrickson and others the supreme court granted its writ of certiorari directed to the district court of Freeborn county and Honorable John D. F. Meighen, judge thereof, Honorable E. C. Dean, judge of the Seventeenth judicial district, and Honorable L. S. Nelson, judge of the Thirteenth judicial district, to review the proceedings relating to Judicial Ditch No. 6 in Freeborn county.

From an order of the probate court for Rock county disallowing the purported 'last will of Christina Witt, Laura L, Lynch appealed to the district court for that county. The appeal was heard by Nelson, J., who made findings, reversed the order of the probate court and ordered the will admitted to probate. From an order denying their motion Ifor amended conclusions and order for judgment or for a new trial, H. L. Rasmussen and others appealed.

Defendant was indicted by the grand jury of Hennepin county charged with the crime of selling mortgaged property without the written consent of the mortgagee, tried in the district court for that county before Waite, J., and a jury which found him guilty as charged in the indictment. Froin an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Ramsey county to recover $30,000 for personal injuries. Tbe case was tried before Sanborn, J., wbo at tbe close of tbe testimony denied defendant’s motion for a directed verdict, and a jury wbicb returned a verdict in favor of defendant. From an order denying bis motion for a new trial, John E. Roacb appealed.

Action in the district court for Ramsey county to recover $15,000 for breach of contract. From an order, Hanft, J., sustaining separate demurrers to the amended complaint, plaintiff appealed.

■ - Action in the district court for Hennepin county to restrain defendant from revoking the license of plaintiff to transact business in the state. From an order, Leary, J., denying its motion for a temporary injunction, plaintiff appealed.

Two actions in the district court for Hennepin county to recover $1,028.50; one against the Great Northern Bailway Company and the other against the receiver of the Grand Trunk Pacific Bailway Company.

Action in the district court for Redwood county to recover $798 upon a policy of hail insurance. The case was tried before Olsen, J., who when plaintiff rested denied defendant’s motion to dismiss, and at the close of the testimony denied defendant’s motion for a directed verdict and granted plaintiff’s motion for a directed verdict in some amount, leaving the jury to determine the amount, and a jury which returned a verdict for $470.45.

Action in the district court 'for Martin county for specific performance of a land contract. The case was tried before Meighen, J., who when defendant rested and when plaintiff rested denied plaintiff’s motion for a directed verdict. By agreement of the parties and direction of the court the issue of fraud was submitted to a jury, which rendered a verdict upon that issue in favor of plaintiff. The court subsequently made findings in favor off plaintiff.

Three actions in the district court for Sibley county to recover $2,000, $2,500 and $2,000, respectively, upon promissory notes made by defendants John H. Glaeser, S. A. Walter and Joseph Bandow, respectively. The cases were tried together before Tifft, J., and a jury which returned a verdict in favor of each of the defendants. From an order denying its motion in each case for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,000 for fraudulent representations in procuring a loan. The case was tried before Bardwell, J., who at the close of the testimony granted defendant Carroll’s motion to dismiss. From an order denying its motion for a new trial, plaintiff appealed.