Turle v. Sargent
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, C. L. Lewis, J., denying a motion for a new trial. The fact that the giving of the original note was induced by the agreement of Turle not to institute criminal proceedings against Hooker, did not invalidate the note.
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Appeal by plaintiff from an order of the district court for St. Louis county, C. L. Lewis, J., denying a motion for a new trial. The fact that the giving of the original note was induced by the agreement of Turle not to institute criminal proceedings against Hooker, did not invalidate the note. Where a criminal prosecution has not been instituted, even an express agreement not to institute such proceedings is not illegal, unless it be also shown that in fact a criminal offense had been committed. Steuben Co. Bank v. Mathewson, 5 Hill, 249; Swope v. Jefferson F. Ins. Co., 93 Pa. St. 251; Deere…
1Opinion of the Court
START, C. J.2
1. This is an action upon a promissory note of the defendants for the sum of $5,826.67, payable to the plaintiff'. The defendants admitted the making of the note, but alleged as a defense that there was no consideration for the same; and, further, that it was given in renewal of a former note for $8,000, given by defendant William C. Sargent, and that the only consideration for this last note was the agreement of the plaintiff not to prosecute criminally one William T. Hooker for misappropriating the sum of $8,000, belonging to the plaintiff. The reply was simply a general…
2Cases cited4 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Rosemond v. GrahamSupreme Court of Minnesota · 1893
- Nichols & Shepard Co. v. DedrickSupreme Court of Minnesota · 1895
- Security Bank v. BellSupreme Court of Minnesota · 1884
3Cited by16 opinions
- Hamilton v. Minneapolis Desk Manufacturing Co.Supreme Court of Minnesota · 1899
- First National Bank of Poteau v. AllenSupreme Court of Oklahoma · 1923
- First State Bank of Nortonville v. MortonCourt of Appeals of Kentucky · 1912
- McDonald Bros. v. KoltesSupreme Court of Minnesota · 1923
- First National Bank v. BuschSupreme Court of Minnesota · 1907
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