Borup v. Nininger
Supreme Court of Minnesota
APPEAL ÉBOM THE DISTRICT COURT OE RAMSEY COUNTY. The facts charged by the Plaintiff are substantially, that one R. L. Joice, residing near St. Anthony, Minnesota, on May 4, 1851, for value made and delivered to Samuel S. Eaton, of Nininger, Minnesota, tbe payee, Ms promissory note for $3,2o2.16, payable on or before May 4,1858, and that Eaton for value transferred the note by endorsement and de-p- ' y to the Plaintiff before maturity. ’ ¿at Defendants were bankers at St.…
Read the full summary
APPEAL ÉBOM THE DISTRICT COURT OE RAMSEY COUNTY. The facts charged by the Plaintiff are substantially, that one R. L. Joice, residing near St. Anthony, Minnesota, on May 4, 1851, for value made and delivered to Samuel S. Eaton, of Nininger, Minnesota, tbe payee, Ms promissory note for $3,2o2.16, payable on or before May 4,1858, and that Eaton for value transferred the note by endorsement and de-p- ' y to the Plaintiff before maturity. ’ ¿at Defendants were bankers at St. Paul, and tbe Plain-til , before tbe maturity of tbe note, delivered it to them for collection in the usual course of…
1Opinion of the Court
By the Court.
FláNdeau, J.
Nininger, the Plaintiff below, owned the note at tbe time of its mataity. He left it with tbe Defendants for collection. .Had they fixed tbe liability of Eaton, tbe endorser, tbe note would have been just *548as much more valuable as the pecuniary ability of Eaton was adequate to make up the deficiency that remained' unpaid upon the note after the mortgage security was exhausted. They failed to notify Eaton of the dishonor of the note, and Nininger was left to collect it of the maker, and the security.,
After this the Plaintiff transferred the note and mortgage to Mrs.…
2Cases cited6 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
- Gardner v. AdamsNew York Supreme Court · 1834
- Shoemaker v. KeelySupreme Court of the United States · 1793
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- Farmers & Merchants Bank of Reedsville v. Kingwood National BankWest Virginia Supreme Court · 1920
- Nininger v. KnoxSupreme Court of Minnesota · 1863
- Spooner v. Bank of DonalsonvilleSupreme Court of Georgia · 1916
- West v. St. Paul National BankSupreme Court of Minnesota · 1893
3 more not listed; retrieve them via the Exa API.