Spreng v. Juni
Supreme Court of Minnesota
Action in tbe district court for Brown county against Oscar Gag and Benedict Juni to recover $160 upon a promissory note.
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Action in tbe district court for Brown county against Oscar Gag and Benedict Juni to recover $160 upon a promissory note. Tbe complaint alleged that by mistake of defendant Juni and' without tbe knowledge or consent of plaintiff tbe note was made payable to B. Gruenenfelder, and that after the execution of tbe note and before its delivery to tbe plaintiff, without the knowledge or authority of plaintiff, tbe name of tbe payee was crossed out and tbe name of plaintiff was inserted therein. Tbe answer of defendant Juni alleged that through tbe fraudulent representations of Gruenenfelder be was…
1Opinion of the CourtStart, C. J.
Action upon a promissory note made by the defendant Gag, as principal, and the defendant Juni, as surety, who alone answered, and alleged that the note, after he signed it, was altered without his knowledge or consent. The plaintiff sought to recover upon the note in its original form before any change was made in it, and the jury returned a verdict in his favor for the balance due on the note. The defendant Juni appealed from the order of the district court of the county of Brown, denying his alternative motion for judgment or for a new trial, and here contends that there was no evidence to…
2Cases cited2 opinions
- Cassidy v. First National Bank of FaribaultSupreme Court of Minnesota · 1882
- Ames v. BrownSupreme Court of Minnesota · 1875
3Cited by3 opinions
- Sutherland State Bank v. DialNebraska Supreme Court · 1919
- Clyde S. S. Co. v. WhaleyCourt of Appeals for the Fourth Circuit · 1916
- Peterson v. SwansonSupreme Court of Minnesota · 1929