Rogers v. Stevenson
Supreme Court of Minnesota
This action was brought by the assignee of one Hills, a bankrupt, upon a promissory note made by one Stone to the order of defendant Stevenson, and by him indorsed. Stone made default, and Stevenson defended on the ground that the, note was indorsed by him without consideration moving to him, and before the same was signed by the maker.
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This action was brought by the assignee of one Hills, a bankrupt, upon a promissory note made by one Stone to the order of defendant Stevenson, and by him indorsed. Stone made default, and Stevenson defended on the ground that the, note was indorsed by him without consideration moving to him, and before the same was signed by the maker. The facts attending the giving of the note were as follows : In December, 1867, Hills sold to Stone a bill of goods, upon the faith of a verbal promise by Stevenson that he would pay for the goods if Stone did not. In April, 1868, the goods not having been…
1Opinion of the Court
*70 By the Court
Ripley, Ch. J.
In this action, brought by the assignee in bankruptcy of one Hills against the maker and the indorser of a negotiable promissory note, the latter, who defends this suit, contend sthat the plaintiff cannot recover without record proof of his acceptance in writing of his appointment, and of notice of such appointment, in some newspaper published in St. Paul, and of the recording of said appointment in the registry of deeds for Ramsey county.
But no provision of law is referred to, which requires the record to be kept by which it is insisted that such acceptance must be…
2Cases cited2 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Spencer v. . BallouNew York Court of Appeals · 1858
3Cited by4 opinions
- Fitzgerald v. NeustadtCalifornia Supreme Court · 1891
- Daly v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1962
- Gilia v. RobbinsSupreme Court of Minnesota · 1916
- Wooldridge v. F. Rickert & Co.Supreme Court of Louisiana · 1881