Chippewa County State Bank v. Haubris
Supreme Court of Minnesota
Action in the district court for Chippewa county to recover $599.89 upon a promissory note payable to the order of defendant and by him indorsed to plaintiff for value before maturity. The complaint alleged that before maturity defendant duly waived in writing on the back of the note presentment to and demand for payment from the maker of the note and notice to defendant of nonpayment.
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Action in the district court for Chippewa county to recover $599.89 upon a promissory note payable to the order of defendant and by him indorsed to plaintiff for value before maturity. The complaint alleged that before maturity defendant duly waived in writing on the back of the note presentment to and demand for payment from the maker of the note and notice to defendant of nonpayment. The answer specifically denied this allegation of the complaint, and alleged that, if the note contained such waiver, the same was placed thereon by plaintiff or other persons unknown to defendant, without his…
1Per curiam
Action against the payee of a promissory note who had transferred the saíne before maturity to plaintiff by his indorsement waiving demand, notice of demand and nonpayment. Defense that the waiver found above the indorsement was placed thereon after the transfer. Verdict for defendant. On motion of plaintiff the court granted a new trial on the ground that the verdict is not justified by the evidence. Defendant appeals.
The order must be affirmed. Defendant testified positively that the waiver, which was by a rubber stamp, was not on the note when he signed his name on the back thereof.…
2Cases cited6 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Farmer v. Stillwater Water Co.Supreme Court of Minnesota · 1906
- Kramer v. PerkinsSupreme Court of Minnesota · 1907
- Marek v. HoleySupreme Court of Minnesota · 1912
- Hansen v. LeeSupreme Court of Minnesota · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Waltham State Bank v. TuttleSupreme Court of Minnesota · 1924