Legal Opinion

Ward v. Johnson

Supreme Court of Minnesota

Decided May 24, 1894No. 8851PublishedCited by 3 opinions

Appeal by defendant, J. P. Johnson, from an order of the District Court of Douglas County, D. B. Searle, J., made December 20, 1893, denying his motion for a new trial.

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Appeal by defendant, J. P. Johnson, from an order of the District Court of Douglas County, D. B. Searle, J., made December 20, 1893, denying his motion for a new trial. On June 16, 1890, the defendant Johnson and fourteen others, farmers residing near McIntosh, bought an imported stallion of Thompson & Cowan and in part payment made their joint and several promissory note for $750 and interest payable to Thompson & Cowan or order on November 1,1892. This note was delivered to the payees and was sold by them July 7, 1890, to the plaintiff, Gresham B. Ward, who brought this action thereon…

1Opinion of the Court

Gileiluan, G. J.

The action is on a joint and several promissory note indorsed to plaintiff. The defenses are: First, that the note was, after signing by defendant, fraudulently altered; that it was signed by defendant upon the understanding between him and the payees that it was not to take effect until certain other parties should sign it; that the payees were to procure such other parties to sign, and it was left with the payees for that purpose; and that the signatures of such other parties were never procured.

The trial court submitted only the first of these defenses to the jury, and the…

2Cases cited1 opinion

  1. French v. GinsburgSupreme Court of Minnesota · 1894

3Cited by3 opinions

  1. McClintock v. AyersWyoming Supreme Court · 1927
  2. French v. GinsburgSupreme Court of Minnesota · 1894
  3. German-American National Bank v. People's Gas & Electric Co.Supreme Court of Minnesota · 1895

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