First State Bank of Gaylord v. Woehler
Supreme Court of Minnesota
Action in justice court to recover $80 alleged to be due on an assignment of an account. E. P. Hoerschgen intervened and was made a defendant in the action.
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Action in justice court to recover $80 alleged to be due on an assignment of an account. E. P. Hoerschgen intervened and was made a defendant in the action. From a judgment in favor of plaintiff, defendant and intervener appealed to the district court for that county where the appeal was heard before Tifft, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which answered the first question submitted as set forth in the first paragraph of the opinion. From an order denying its motion for judgment notwithstanding the verdict or for a new trial,…
1Opinion of the CourtHolt, J.
Luther W. Euth owed plaintiff, the First State Bank of Gaylord, $189.44, and on January 11, 1917, gave to the bank his note for that amount secured by a chattel mortgage. The bank also claims that, at the same time, Euth verbally assigned to it a debt of $80 then due. Euth from the defendant Anton Woehler. Before noon of January 19, 1917, the bank obtained from Euth a written assignment of this claim. This instrument recites that it was executed for value received. Thereafter, and on the same day, payment was demanded of Woehler, who refused. This action, in the justice court, was at once…
2Cases cited4 opinions
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Erickson v. IrelandSupreme Court of Minnesota · 1916
- Williams v. PomeroySupreme Court of Minnesota · 1880
- Leonard v. FarringtonSupreme Court of Minnesota · 1913
3Cited by1 opinion
- Northern National Bank v. Northern Minnesota National BankSupreme Court of Minnesota · 1955