Humphrey v. Buisson
Supreme Court of Minnesota
The material allegations of the complaint in this action were substantially, that the plaintiffs are - the owners of certain lands therein described ; that one John C. Goss, plaintiffs’ grantor, before conveyance to them executed his promissory note and a mortgage upon the said lands to secure its payment to the defendant, then a minor; that Alexis Bailly, the guardian of the defendant, sold and transferred said note to the firm of Downer & Prindle; that the plaintiffs paid…
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The material allegations of the complaint in this action were substantially, that the plaintiffs are - the owners of certain lands therein described ; that one John C. Goss, plaintiffs’ grantor, before conveyance to them executed his promissory note and a mortgage upon the said lands to secure its payment to the defendant, then a minor; that Alexis Bailly, the guardian of the defendant, sold and transferred said note to the firm of Downer & Prindle; that the plaintiffs paid the note to Downer & Prindle, and the same was surrendered up and cancelled, but the mortgage was not cancelled of…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
It appears by the complaint demurred to, that about the first day of April, 1861, one Goss executed to the defendant, who was then a minor, his promissorj>- note for three hundred dollars, and to secure the payment thereof, a mortgage upon certain real estate. One Alexis Bailly was then the legally appointed guardian of said minor, and had full care and custody of his estate, and while still such guardian, thereafter sold and transferred said note and mortgage to Downer & Prindle. The sale must be taken to have been bona fide. The defendant’s position is, however,…
2Cases cited4 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Berthold v. HolmanSupreme Court of Minnesota · 1867
- Hill v. EdwardsSupreme Court of Minnesota · 1865
- Johnson v. LewisSupreme Court of Minnesota · 1868
3Cited by12 opinions
- State v. Gopher Tire & Rubber Co.Supreme Court of Minnesota · 1920
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- State v. SlorahSupreme Judicial Court of Maine · 1919
- Martineau v. City of St. PaulCourt of Appeals for the Eighth Circuit · 1949
- State v. GrunauSupreme Court of Minnesota · 1966
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