Minnesota Reports 67

Cover Minnesota Reports 67
Minnesota Reports 67
Minnesota. Supreme Court
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He •said that was his name. I said, 'You telephoned me in regard to Mr. Vaughn's bond being ready for me to sign.' He said, 'Oh, yes,'" and produced the bond.
Thereupon defendant signed an affidavit attached to the bond, and acknowledged the execution of the bond, without seeing his former signature (as the bond was folded so as to conceal the same), and supposed at the time that it had in the meantime been signed by Downey as well as Vaughn. The evidence also shows that Barclay presented the b
...ond to Downey for signature before he presented it to defendant, and that, after defendant signed it, it was again pre- sented to Downey for signature before defendant acknowledged it, as aforesaid; but Downey always refused to sign the bond and never did sign it We are of the opinion that the foregoing evidence, though contradicted in part by evidence on behalf of plaintiff, is sufficient to sustain the verdict.
2. Plaintiff assigns as error the overruling of its objections to the evidence of the conversation between defendant and Barclay at the time the latter presented the bond to the former for signature, on the ground that it did not appear that Barclay had authority to represent plaintiff in entertaining or agreeing to the conditions on WILLIAM DEERING & CO.


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