Brunswick-Balke Collender Co. v. Boutell
Supreme Court of Minnesota
Action brought in the municipal court of Minneapolis, against defendant Boutell and F. A. Cotharin, on the following promissory note: “Minneapolis, Oct. 6, 1888. “Five months after date we promise to pay to the order of Brunswick-Balke Collender Co. fifty-five dollars, with interest at the rate of seven per cent, per annum from date and attorney fees. “W. T. Boutell, Pres. “F. A.- Cotharin, Secty.
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Action brought in the municipal court of Minneapolis, against defendant Boutell and F. A. Cotharin, on the following promissory note: “Minneapolis, Oct. 6, 1888. “Five months after date we promise to pay to the order of Brunswick-Balke Collender Co. fifty-five dollars, with interest at the rate of seven per cent, per annum from date and attorney fees. “W. T. Boutell, Pres. “F. A.- Cotharin, Secty. Defendant Boutell, who alone defended, appeals from an order refusing a new trial.
1Opinion of the CourtCollins, J.
It is well settled in this court that when such a word as “agent” or “trustee,” which may be descriptive of the person, or may be indicative of the character in which the signer contracts, is *22affixed to the name of a party entering into a contract, it is prima facie descriptive only; but that it may be shown, by extrinsic evidence, that the attached word was understood by all interested as determining the character in which the person using it contracted. Pratt v. Beaupre, 13 Minn. 177, (187;) Bingham v. Stewart, 14 Minn. 153, (214;) Deering v. Thom, 29 Minn. 120, (12 N.W. Rep. 350;) Peterson…
2Cases cited4 opinions
- Deering v. ThomSupreme Court of Minnesota · 1882
- Dewey v. LeonardSupreme Court of Minnesota · 1869
- Peterson v. HomanSupreme Court of Minnesota · 1890
- Williams v. McGradeSupreme Court of Minnesota · 1868
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- Beddow v. FlageNorth Dakota Supreme Court · 1911
- Hazlett v. WillaumeSupreme Court of Florida · 1918
- Souhegan National Bank v. BoardmanSupreme Court of Minnesota · 1891
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