Public-domain · open source
OpenJurist

50 Minn. 96

Schmidt v. Durnam

Supreme Court of Minnesota

Decided May 24, 1892

Supreme Court of Minnesota · decided 1892-05-24

Appeal by defendants, Maurice Durnam, Louisa M. Durnam, and Abisha B. Durnam, from a judgment of the District Court of Hen-nepin county, Hooker, J., entered September 10, 1891. The plaintiff, Emma Schmidt, brought an action against Maurice Durnam, for a breach of his promise to marry her; and on October 28, 1890, obtained a verdict against him for $2,750. Schmidt v. Durnham, 46 Minn. 227. Judgment was entered in that action in her favor, on December 30th, following.

Good law ✅— No negative treatment on recordhow we know

Decided 1892-05-24

How this case has been cited

Cited by 4 later decisions — most recently April 1952

4 state decisions

201892190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

(ttt.~ptt.Tian, C. J.

¶1The evidence justified the finding that the deeds were executed for the purpose of hindering and delaying the plaintiff in respect to her verdict. The fact that after the rendition of the verdict, and while there was a stay of proceedings, so that no judg*97ment could be entered, the defendant Maurice made conveyances of his real estate, so that it was vested part in his mother, part in his brother, and part in his wife, is certainly suggestive, and the account the parties as witnesses give of the transaction, instead of removing, goes to confirm, the suspicion thus aroused, and to justify the inference that the convejTanees were intended to cover up the property, and were not made upon real bona fide sales.

(Opinion published 53 N. "W. Rep. 377.)

¶2Whether a party who calls the opposite party to be examined as a witness under Laws 1885, ch. 193, accredits him, so that he cannot offer evidence to impeach his general character for truth and veracity, we need not in this case consider. He certainly may question the truth of his statements of fact either by independent opposing evidence or by inference or arguments drawn from the testimony of the party himself. Thus if, in a case like this, the party so called: testify that the conveyance was made in good faith, the party calling-him is not concluded by such testimony, but may insist that upon the entire account of the transaction given by the party testifying the inference may be drawn that the conveyance was not Iona fide..

¶3Judgment affirmed.

/50/minn/96 · .json · Public domain