Hardin v. Olson
U.S. Circuit Court for the District of Minnesota
On Motion to Bemand. Suit instituted in the United States court by plaintiff as assignee of the instrument sued on, which was in the form of a negotiable promissory note, except that it contained an agreement by the maker to pay 10 per cent, of the principal as attorney’s fees in case suit should be brought upon it. Cause removed to this court on the ground of the citizenship of the parties.
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On Motion to Bemand. Suit instituted in the United States court by plaintiff as assignee of the instrument sued on, which was in the form of a negotiable promissory note, except that it contained an agreement by the maker to pay 10 per cent, of the principal as attorney’s fees in case suit should be brought upon it. Cause removed to this court on the ground of the citizenship of the parties. Motion to remand on the ground that the instrument is not a promissory note, negotiable by the law-merchant, within the meaning of the first section of the act of congress of March 3, 1875, and therefore…
1Opinion of the CourtMcCraey, C. J.
The note sned on was executed and made paya-
ble in the state of Minnesota, and is therefore to be interpreted according to the laws of that state; and in determining the question as to whether it is to be regarded as a promissory note, negotiable by the law-merchant, within the meaning of the act of congress of March 3, 1875, it is proper to inquire what is the law of the state upon the subject, as determined by its supreme court.
It has been held that a state statute, defining the requisites of a negotiable promissory note, will be followed by a federal court sitting in that state in…
2Cases cited2 opinions
- Jones v. RadatzSupreme Court of Minnesota · 1880
- Gregg v. WestonU.S. Circuit Court for the District of Indiana · 1877
3Cited by2 opinions
- Mazaika v. Bank One, Columbus, N.A.Superior Court of Pennsylvania · 1995
- Mazaika v. Bank One, Columbus, N.A.Superior Court of Pennsylvania · 1995