First State Bank of Kensington v. Braaten

Stone, Justice.

Suit by payee against maker of a promissory note. The verdict was for defendant. There was no motion for new trial. Plain tiff’s motion for judgment notwithstanding the verdict denied, it appeals from the judgment for defendant. That requires us to consider only whether there is evidence to sustain the judgment. Taylor v. Northern States Power Co. 196 Minn. 22, 264 N. W. 139.

The single issue is whether the evidence sustains the defense of conditional delivery with condition unperformed, so that the note never went into effect as a contract.

In January, 1927, defendant’s…