Perkins v. Merrill
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Ramsey county, Simons, J., presiding, overruling a demurrer to the complaint.
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Appeal by defendants from an order of the district court for Ramsey county, Simons, J., presiding, overruling a demurrer to the complaint. After alleging the making of a note by the defendants payable to the order of Phoebe B. Cushing, the complaint alleges “that said Phoebe S. Cushing is dead; that she died on the 18th day of April, 1883; that said note was set over and assigned to said plaintiff, Clara E. Perkins, by the executor of said Phoebe S. Cushing’s estate, on the 4th day of October, 1883; that said Clara E. Perkins is now the owner and holder of said note as heir of said Phoebe S.…
1Opinion of the CourtVanderburgh, J.
The defendant interposes a general demurrer to the complaint, on the ground that it fails to show plaintiff’s ownership of the note sued on. The note is payable to the order of Phoebe S. Cushing, and the complaint sets up the fact of her death, and that the note was subsequently transferred and assigned by her executor to the plaintiff, and that the plaintiff holds and owns the note as her heir. The substance and meaning of the allegations apparently are that the plaintiff has acquired title to the note as a distributee of the estate of the deceased, through her executor. Where the objection…
2Cases cited5 opinions
- Chamberlain v. TinerSupreme Court of Minnesota · 1884
- La Grange Mill Co. v. BennewitzSupreme Court of Minnesota · 1881
- Nelson v. EatonNew York Supreme Court · 1857
- Phelps v. FergusonThe Superior Court of New York City · 1859
- Soule v. ThelanderSupreme Court of Minnesota · 1883