Legal Opinion

Dwight v. Lenz

Supreme Court of Minnesota

Decided December 21, 1898No. Nos. 11,356—(138)PublishedCited by 7 opinions

Appeal by the plaintiff from a judgment of the district court for Wilkin county in favor of defendant, pursuant to the order of C. L. Brown, J. The naming of a place for the payment of a note does not make the owner of that place an agent to collect the note, or to receipt for the money. No power, authority or duty, is thereby conferred upon such person in reference to the note. 1 Daniel, Neg. Inst. § 326; Hills v. Place, 48 N. Y. 520; 1 Randolph, Com.

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Appeal by the plaintiff from a judgment of the district court for Wilkin county in favor of defendant, pursuant to the order of C. L. Brown, J. The naming of a place for the payment of a note does not make the owner of that place an agent to collect the note, or to receipt for the money. No power, authority or duty, is thereby conferred upon such person in reference to the note. 1 Daniel, Neg. Inst. § 326; Hills v. Place, 48 N. Y. 520; 1 Randolph, Com. Paper, § 125. See also Balme v. Wambaugh, 16 Minn. 106 (116); Trull v. Hammond, 71 Minn. 172. No presentment at the place named is necessary…

1Opinion of the Court

COLLINS, J

Action to foreclose a real-estate mortgage given to plaintiff to secure defendant’s promissory note for $1,000. Defense, payment of the note to one Wood, alleged to have been plaintiff’s duly-authorized agent for the purpose of receiving the money.

The plaintiff was a resident of New York, doing more or less business an North Dakota. Wood was a loan agent at Wahpeton, in the last-mentioned state. Defendant was a resident of Minnesota, and employed Wood to negotiate a loan of $1,000 for him. Wood, who had some acquaintance with plaintiff, soon afterwards met and informed him of the…

2Cases cited1 opinion

  1. Trull v. HammondSupreme Court of Minnesota · 1898

3Cited by7 opinions

  1. Kucher v. ScottWashington Supreme Court · 1917
  2. Johnson v. HoweSupreme Court of Minnesota · 1929
  3. McMahon v. German-American National BankSupreme Court of Minnesota · 1910
  4. White v. MadiganSupreme Court of Minnesota · 1899
  5. State v. LawrenceSupreme Court of Minnesota · 1915

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