Collins v. McDowell
Supreme Court of Minnesota
• Action in the district court for Otter Tail county by Michael Oollins and another, copartners as Citizens’ Bank, against A. B. McDowell and others, as makers of a promissory note. From a judgment in favor of plaintiffs for $717.21, after a trial before Searle, J., ■and a jury, defendants appealed.
1Opinion of the CourtCollins, J.
The proofs presented by the plaintiffs, on the trial of this action, that they purchased the note in question from the *111payees, for a valuable consideration, in due course of business, before maturity, and without actual notice or knowledge of any defense thereto, were plenary, and no attempt was made to controvert them. If, therefore, it conclusively appeared from the evidence, as a matter of law, that plaintiffs purchased in good faith, and without constructive notice or knowledge of a defense, it was the duty of the court below to direct a verdict in their favor. And unless a want of good…
2Cases cited3 opinions
- Merchants' National Bank v. McNeirSupreme Court of Minnesota · 1892
- Merchants National Bank v. SullivanSupreme Court of Minnesota · 1896
- Gale v. BirminghamSupreme Court of Minnesota · 1896
3Cited by5 opinions
- State Bank of Morton v. AdamsSupreme Court of Minnesota · 1919
- Drew v. WheelihanSupreme Court of Minnesota · 1898
- First National Bank v. BuschSupreme Court of Minnesota · 1907
- Park v. HudsonSupreme Court of Minnesota · 1923
- Worth Savings Bank v. FosterSupreme Court of Minnesota · 1928