Timm v. Aiton
Supreme Court of Minnesota
Action in the district court for Itasca county to recover $1,200 for money had and received. The case was tried before Stanton, J., who at the close of the testimony granted defendant’s motion to dismiss .the action on the grounds that the facts stated in the complaint were not sufficient to constitute a cause of action; that there was a material variance between the allegations of the complaint and the evidence, and that there was no consideration at all for any promises on…
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Action in the district court for Itasca county to recover $1,200 for money had and received. The case was tried before Stanton, J., who at the close of the testimony granted defendant’s motion to dismiss .the action on the grounds that the facts stated in the complaint were not sufficient to constitute a cause of action; that there was a material variance between the allegations of the complaint and the evidence, and that there was no consideration at all for any promises on the part of defendant. From an order denying his motion for a new trial, plaintiff appéaled.
1Opinion of the CourtBrown, C. J.
It appears from the pleadings and evidence in this case that one Somers on February 17, 1915, made and delivered to the Mercantthe State Bank of Minneapolis his certain promissory note for the sum of $1,000, payable 90 days from date with interest. The note was indorsed by defendant in this action. It was subsequently transferred to the Security State Bank of Grand Rapids, of which the indorser, defendant herein, was the president and managing officer. It was not paid and was overdue and an asset in defendant’s bank. Plaintiff had been a partner of Somers, the maker of the note, in the real…
2Cases cited3 opinions
- Adams v. CastleSupreme Court of Minnesota · 1896
- Wilcox Lumber Co. v. RittemanSupreme Court of Minnesota · 1902
- Van Cappellan v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1914
3Cited by1 opinion
- Christianson v. National Citizens BankSupreme Court of Minnesota · 1926