Bryant v. Robinson

Supreme Court of Minnesota

Bryant v. Robinson

105 N.W. 1134, 97 Minn. 533, 1906 Minn. LEXIS 725

CourtSupreme Court of Minnesota

DecidedFebruary 9, 1906

DocketNos. 14,623—(72)

StatusPublished

This text of 105 N.W. 1134 (Bryant v. Robinson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bryant v. Robinson, 105 N.W. 1134, 97 Minn. 533, 1906 Minn. LEXIS 725 (Mich. 1906).

Pincite

Opinion

PER CURIAM.²

Plaintiff placed in the hands of defendant, an attorney at law, a promissory note for collection, upon which he brought an action and obtained judgment in plaintiff’s favor for the sum of $746.50. He-thereafter compromised and settled the judgment for $400, which plaintiff repudiated, and subsequently [534]*534brought this action to recover damages on the ground that the settlement was unauthorized. Plaintiff had a verdict in the court below, and defendant appealed from an order denying his motion for a new trial.

• The only questions presented by the record go to the sufficiency of the evidence to sustain the verdict of the jury. Our examination of the record discloses a decided conflict upon the questions presented, and we apply the usual rule that where the evidence fairly tends to sustain the verdict this court will not interfere, particularly where the verdict has been approved by the trial court. The measure of plaintiff’s damage was the face value of the judgment. Burgraf v. Byrnes, 94 Minn. 418, 103 N. W. 215. If the judgment was not in fact collectible by reason of the insolvency of the judgment debtor of other cause, and consequently plaintiff did not suffer to the extent of its face value, the burden was upon defendant to show the fact.

Order affirmed.

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PER CURIAM.²

Plaintiff placed in the hands of defendant, an attorney at law, a promissory note for collection, upon which he brought an action and obtained judgment in plaintiff’s favor for the sum of $746.50. He-thereafter compromised and settled the judgment for $400, which plaintiff repudiated, and subsequently [534]*534brought this action to recover damages on the ground that the settlement was unauthorized. Plaintiff had a verdict in the court below, and defendant appealed from an order denying his motion for a new trial.

• The only questions presented by the record go to the sufficiency of the evidence to sustain the verdict of the jury. Our examination of the record discloses a decided conflict upon the questions presented, and we apply the usual rule that where the evidence fairly tends to sustain the verdict this court will not interfere, particularly where the verdict has been approved by the trial court. The measure of plaintiff’s damage was the face value of the judgment. Burgraf v. Byrnes, 94 Minn. 418, 103 N. W. 215. If the judgment was not in fact collectible by reason of the insolvency of the judgment debtor of other cause, and consequently plaintiff did not suffer to the extent of its face value, the burden was upon defendant to show the fact.

Order affirmed.

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Bluebook (online)

105 N.W. 1134, 97 Minn. 533, 1906 Minn. LEXIS 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-robinson-minn-1906.

Opinion

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