Legal Opinion

Drew v. Wheelihan

Supreme Court of Minnesota

Decided December 21, 1898No. Nos. 11,330—(152)PublishedCited by 13 opinions

Action in the municipal court of Duluth to recover $400 upon a bank check for that amount, drawn by defendant upon the First National Bank of Grand Rapids, Wisconsin, and dated July 16, 1897. The other facts are stated in the opinion. The cause was tried before Edson, J., and a jury, which rendered a verdict for defendant. From a judgment in favor of defendant, plaintiff appealed.

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Action in the municipal court of Duluth to recover $400 upon a bank check for that amount, drawn by defendant upon the First National Bank of Grand Rapids, Wisconsin, and dated July 16, 1897. The other facts are stated in the opinion. The cause was tried before Edson, J., and a jury, which rendered a verdict for defendant. From a judgment in favor of defendant, plaintiff appealed. The check in question was offered and received in evidence on the trial, together with the indorsements thereon, thereby making a case for plaintiff in the absence of a valid defense. Merchants & Mechanics Sav. Bk.…

1Opinion of the CourtCollins, J.

Action by an alleged good-faith purchaser, for value, against the maker of a dishonored bank check. For the purposes of this appeal it stands admitted that the check was illegal and void in the hands *71of McArthur, the payee, and Smith, one of the indorsers, under the provisions of G. S. 1894, § 6594.

The facts were that almost immediately after the check was signed by defendant at Duluth, it was indorsed by McArthur to Smith. The latter was a business man, residing in Duluth, while defendant was a resident of Grand Rapids, Wisconsin, temporarily in Duluth. Smith at once went to a saloon keeper…

2Cases cited9 opinions

  1. Murray v. LardnerSupreme Court of the United States · 1865
  2. Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
  3. Hawkins v. SaubySupreme Court of Minnesota · 1892
  4. Bank of Montreal v. RichterSupreme Court of Minnesota · 1893
  5. Schwartz v. Germania Life InsuranceSupreme Court of Minnesota · 1875

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. O'Leary v. WangensteenSupreme Court of Minnesota · 1928
  2. King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
  3. Caballero v. Litchfield Wood-Working Co. Inc.Supreme Court of Minnesota · 1956
  4. State Bank of Morton v. AdamsSupreme Court of Minnesota · 1919
  5. Mendenhall v. UlrichSupreme Court of Minnesota · 1905

8 more not listed; retrieve them via the Exa API.

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