Stein v. Passmore
Supreme Court of Minnesota
Appeal by defendant, John W. Passmore, from an order of the district court for Washington county, Crosby, J., presiding, overruling his demurrer to the complaint in an action, against himself and one William A. Passmore. John W. Passmore cannot be held as guarantor; Moor v. Folsom, 14 Minn. 340; or as endorser, for the complaint fails-to show demand on the maker, or notice. If liable at all, it must be as joint maker.
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Appeal by defendant, John W. Passmore, from an order of the district court for Washington county, Crosby, J., presiding, overruling his demurrer to the complaint in an action, against himself and one William A. Passmore. John W. Passmore cannot be held as guarantor; Moor v. Folsom, 14 Minn. 340; or as endorser, for the complaint fails-to show demand on the maker, or notice. If liable at all, it must be as joint maker. But this case clearly differs from those in which a third person endorsing a note at its inception is held to be a joint maker. A note is presumed to be delivered at the time of…
1Opinion of the CourtCornell, J.
It is settled law in this state that a party, other than the payee named in a promissory note, who puts his name on the back of the instrument before it has a legal existence by delivery, for the purpose of giving it credit with the payee, becomes thereby a joint maker of the note, and liable as such. Pierse v. Irvine, 1 Minn. 272 (369;) McComb v. Thompson, 2 Minn. 114 (139;) Marienthal v. Taylor, 2 Minn. 123 (147;) Robinson v. Bartlett, 11 Minn. 302 (410.)
The complaint in this ease alleges “that on the fourth day of February, 1874, the defendant Wm. A. Passmore made and executed his certain…
2Cases cited3 opinions
- Ross v. RossCourt of Appeals of Kentucky · 1860
- Bonfanti v. StateSupreme Court of Minnesota · 1858
- Brewster v. McCardellNew York Supreme Court · 1832
3Cited by4 opinions
- Babcock v. MurraySupreme Court of Minnesota · 1894
- People's Bank v. RockwoodSupreme Court of Minnesota · 1894
- Buck v. HutchinsSupreme Court of Minnesota · 1891
- Kealing v. VansickleIndiana Supreme Court · 1881