German American State Bank of Ritzville v. Lyons
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $2,500 upon defendant’s promissory note. The defense is stated in the opinion. The case was tried before Booth, J., and a jury which returned a verdict in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtBrown, C. J.
On June 9, 1910, defendant made and delivered Ms promissory note to one McLean for the sum of $2,500, due and payable on December 24, 1911. McLean was indebted to plaintiff bank in a sum exceeding the amount of this note, and before the maturity thereof and in the usual course of business transferred the note to plaintiff as collateral security to that indebtedness. Plaintiff thereafter brought this action to recover upon the note. Defendant interposed in defense that the note was obtained from him by McLean by fraud and fraudulent representation; that it was delivered upon certain conditions…
2Cases cited3 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Rosemond v. GrahamSupreme Court of Minnesota · 1893
- Roach v. HalvorsonSupreme Court of Minnesota · 1914
3Cited by4 opinions
- Shelling State Bank v. ClasenSupreme Court of Minnesota · 1916
- First National Bank v. MalmquistSupreme Court of Minnesota · 1924
- Bank of Montreal v. BeecherSupreme Court of Minnesota · 1916
- Midland National Bank v. Farmers Co-operative Elevator Co.Supreme Court of Minnesota · 1923