Lang v. Ferrant
| Decision Date | 06 December 1893 |
| Parties | LANG v. FERRANT. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
(Syllabus by the Court.)
1. Although there be no direct evidence contradicting the testimony of a witness, the jury are not bound to accept it as true, where it contains inherent improbabilities or contradictions, which, alone, or in connection with other circumstances in evidence, furnish a reasonable ground for concluding that the testimony is not true.
2. A finding of fact held sustained by the evidence.
Appeal from district court, Hennepin county; Hooker, Judge.
Action by William H. Lang against Emil Ferrant to establish plaintiff's rights as a mortgagee of land by subrogation, and to enforce and foreclose the mortgage. There was judgment for defendant, and, from an order denying a new trial, plaintiff appeals. Affirmed.
F. A. Gilman, for appellant.
Jackson & Atwater, for respondent.
On June 30, 1882, plaintiff conveyed to defendant, Emil Ferrant, a lot in Minneapolis, subject to a mortgage previously executed by plaintiff to secure notes made by him, which the grantee assumed and agreed to pay as part of the consideration for the conveyance. Of course, as a basis for the right of subrogation to the lien of the mortgagee, to establish which, and to enforce the mortgage, this action is brought, it must be shown that plaintiff paid the mortgage. The court below found as a fact that he did not pay the mortgage. If he did not, it is immaterial who did, and immaterial that the court cannot find from the evidence who did. If that finding is sustained, it is the end of the case. On the trial the plaintiff testified that he paid the mortgage, and there was no direct testimony contradicting him. “But, although there is no direct evidence contradicting the testimony of witnesses, the jury are not bound to accept it as true, where it contains inherent improbabilities or contradictions, which, alone, or in connection with other circumstances in evidence, furnish a reasonable ground for concluding that the testimony is not true.” Hawkins v. Sauby, 48 Minn. 69, 50 N. W. 1015. Plaintiff's statement of the fact of payment, and how he came to make it, has an air of improbability; and taken in connection with his conduct subsequent to the alleged date of payment,-especially the fact that for nine years after that time, and until those who would be likely to know how the fact was, were all dead, he never suggested a claim on account of it to any one...
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Mitchell v. Mitchell
...is not required to put the stamp of verity upon it, merely because it is not directly contradicted by other testimony. Lang v. Ferrant, 55 Minn. 415, 57 N.W. 140; Zimmerman v. Bannon et al., 101 Wis. 407, 77 N.W. 735; Blount v. Medbery, 16 S.D. 562, 94 N.W. 428; Bremer v. Haag, 151 Iowa 449......
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O'Leary v. Wangensteen
...v. Rieger, 22 Minn. 59; Hawkins v. Sauby, 48 Minn. 69, 50 N. W. 1015; Anderson v. Liljengren, 50 Minn. 3, 52 N. W. 219; Lang v. Ferrant, 55 Minn. 415, 57 N. W. 140; Second National Bank v. Donald, 56 Minn. 491, 58 N. W. 269; Burud v. G. N. Ry. Co., 62 Minn. 243, 64 N. W. 562; Drew v. Wheeli......
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Bryant v. Northern Pac. Ry. Co.
...to accept it as true, if other circumstances in evidence furnished a reasonable basis for concluding that it was not true. Lang v. Ferrant, 55 Minn. 415, 57 N.W. 140. "There was other evidence tending to show that the engineer must have seen the men walking on the track and oblivious to the......
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Carlson v. Sanitary Farm Dairies
...to accept it as true, if other circumstances in evidence furnished a reasonable basis for concluding that it was not true. Lang v. Ferrant, 55 Minn. 415, 57 N.W. 140." (Italics To the same effect, Rawitzer v. St. Paul City Ry. Co.; Sloniker v. Great Northern Ry. Co., and other cases, supra.......