Hoag v. Mendenhall
Supreme Court of Minnesota
This action was commenced in the district court for Hennepin county, by Ann I. Hoag as plaintiff. During the pendency of the action she died, and Charles Hoag, sole devisee of her estate, and executor of her will, was substituted as plaintiff, by stipulation. The case comes to this court upon an appeal from an order overruling defendant’s general demurrer to the complaint.
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This action was commenced in the district court for Hennepin county, by Ann I. Hoag as plaintiff. During the pendency of the action she died, and Charles Hoag, sole devisee of her estate, and executor of her will, was substituted as plaintiff, by stipulation. The case comes to this court upon an appeal from an order overruling defendant’s general demurrer to the complaint. The allegations of the complaint sufficient for a full understanding of the case, are stated in the opinion.
1Opinion of the Court
By the Court.
Berry, J.
The complaint alleges, that Ann I. Hoag, the owner of the note mentioned therein, “ duly-assigned said promissory note to the said defendant, for the purpose of collecting the same, and accounting for and paying. *336over the proceeds of said note by said defendant to said Ann I. Hoag.” The complaint then proceeds to set forth facts, in detail, the substance of which, so far as necessary to be here stated, is that subsequent to such assignment, “defendant having the control of said promissory note by virtue of said assignment,” made an agreement with one of the makers of the…
2Cases cited2 opinions
- Webb v. BidwellSupreme Court of Minnesota · 1870
- McArdle v. McArdleSupreme Court of Minnesota · 1866
3Cited by6 opinions
- In re WhiteSupreme Court of Minnesota · 1890
- Minneapolis Gas-Light Co. v. City of MinneapolisSupreme Court of Minnesota · 1886
- Hoffmann v. TownsendSupreme Court of Oklahoma · 1946
- State ex rel. Labovich v. RedingtonSupreme Court of Minnesota · 1912
- State v. LindquistSupreme Court of Minnesota · 1927
1 more not listed; retrieve them via the Exa API.