Flanigan v. Phelps
Supreme Court of Minnesota
Action brought in the district court for St. Louis county against the defendants Phelps and S. T. Church as joint makers of a promissory note for $210. Phelps alone answered, his defence being the alteration stated in the opinion. At the trial before Stearns, J., the defendant had a verdict. The plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtYanderburgh, J.
One Church negotiated a loan from the plaintiff for $210, to be secured by the joint note of himself and the defendant Phelps. The note was made payable 30 days after date, with interest at 10 per cent., and the signature of the defendant Phelps was procured by Church, who also signed and delivered it to-the plaintiff’s agent. One of the defences relied on, and the only one we need consider, is that the note was altered after it was signed, by the addition of the following memorandum or stipulation at the end thereof, and above the signatures: “Privilege of extension for thirty days after…
2Cases cited3 opinions
- Wood v. SteeleSupreme Court of the United States · 1867
- Draper v. WoodMassachusetts Supreme Judicial Court · 1873
- Willoughby v. IrishSupreme Court of Minnesota · 1886
3Cited by7 opinions
- Board of County Commissioners v. GraySupreme Court of Minnesota · 1895
- Board of County Commissioners v. GreenleafSupreme Court of Minnesota · 1900
- Milavetz v. ObergSupreme Court of Minnesota · 1917
- Sawyer v. CampbellSupreme Court of Iowa · 1899
- Eaton v. DelayNorth Dakota Supreme Court · 1915
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