Shalleck v. Munzer
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $558.33, the amount of interest accrued upon a promissory note from its date. The substance of the answer to the amended complaint is stated in the opinion. The reply denied the allegations summarized in the opinion. The case was tried before Steele, J., who sustained an objection to the introduction of testimony by defendant, on the ground that the answer did not state a defense.
Read the full summary
Action in the district court for Hennepin county to recover $558.33, the amount of interest accrued upon a promissory note from its date. The substance of the answer to the amended complaint is stated in the opinion. The reply denied the allegations summarized in the opinion. The case was tried before Steele, J., who sustained an objection to the introduction of testimony by defendant, on the ground that the answer did not state a defense. The court made findings and ordered judgment in favor of plaintiff. From an order denying defendant’s motion for a new trial, he appealed.
1Opinion of the CourtHolt, J.
Plaintiff sued to recover the interest on a $10,000 promissory note. On objection made the court refused to receive any evidence in support of the defense pleaded. And that presents the only error on this appeal, which is from an order denying a new trial.
The facts alleged in the answer are, in brief, these: That defendant made the note and a writing annexed to the answer, signed also by plaintiff, at the request of and for the accommodation of one Fischman, who was then plaintiff’s client; that Fischman wanted tO' purchase $10,000 worth of stock in a trading corporation, the Philipsborn, but…
2Cases cited5 opinions
- Wm. Lindeke Land Co. v. LevySupreme Court of Minnesota · 1899
- Second National Bank v. HoweSupreme Court of Minnesota · 1889
- National Citizens Bank v. BowenSupreme Court of Minnesota · 1910
- Conrad v. ClarkeSupreme Court of Minnesota · 1909
- Pray v. RhodesSupreme Court of Minnesota · 1889
3Cited by8 opinions
- First State Bank v. KellyNorth Dakota Supreme Court · 1915
- Kragnes v. KragnesSupreme Court of Minnesota · 1914
- Morrison v. JohnsonSupreme Court of Minnesota · 1921
- State Bank v. PangerlSupreme Court of Minnesota · 1917
- Tiedt v. JohnsonSupreme Court of Minnesota · 1922
3 more not listed; retrieve them via the Exa API.