Strauch v. Flynn
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $70 upon a promissory note. The answer set up an alteration in the note sued on, usury and defendant’s discharge in bankruptcy. Paragraph numbered 2 of the reply alleged false representations on the part of defendant in obtaining the loan evidenced by the note sued on.
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Action in the district court for Ramsey county to recover $70 upon a promissory note. The answer set up an alteration in the note sued on, usury and defendant’s discharge in bankruptcy. Paragraph numbered 2 of the reply alleged false representations on the part of defendant in obtaining the loan evidenced by the note sued on. Erom an order, Einehout, J., granting defendant’s motion to strike out and striking out from the amended reply that portion thereof contained in paragraph numbered 2, plaintiff appealed.
1Opinion of the CourtJaggard, J.
The complaint of plaintiff and appellant set forth the terms of a promissory note executed to plaintiff by defendant and respondent, *314its ¡nonpayment,, and prayed a money judgment in the amount of the note, with interest. Defendant’s answer alleged his discharge in bankruptcy after the execution of this note and before this action was begun. Plaintiff’s reply stated that the note sued on was a liability for obtaining property by false pretenses and representations, that defendant wholly failed to schedule the note sued on, and that therefore it was excepted by section 17 of the bankruptcy act…
2Cases cited17 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- In re RhutasselDistrict Court, N.D. Iowa · 1899
- Bank of North America v. CrandallSupreme Court of Missouri · 1885
- Brown & Adams v. United Button Co.Court of Appeals for the Third Circuit · 1906
- Katzenstein v. Reid, Murdock & Co.Court of Appeals of Texas · 1905
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3Cited by9 opinions
- Gregory v. WilliamsSupreme Court of Kansas · 1920
- Fidelity & Casualty Co. of New York v. GolomboskySupreme Court of Connecticut · 1946
- Burleson v. LangdonSupreme Court of Minnesota · 1928
- Ohio Finance Co. v. GreathouseOhio Court of Appeals · 1947
- Finn v. Modern Brotherhood of AmericaSupreme Court of Minnesota · 1912
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