Legal Opinion

James H. Bishop & Co. v. Travis

Supreme Court of Minnesota

Decided October 29, 1892PublishedCited by 5 opinions

Appeal by John F. Travis, one of the defendants, from an order of the District Court of Hennepin County, Smith, J., made March 28, 1892, overruling his demurrer to the reply.

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Appeal by John F. Travis, one of the defendants, from an order of the District Court of Hennepin County, Smith, J., made March 28, 1892, overruling his demurrer to the reply. This action was brought by the plaintiff, James H. Bishop & Co., a corporation, against the defendants, John F. Travis and the Buckeye Publishing Company, on two promissory notes, for $568.95 each, made by Travis July 5, 1888, payable to Buckeye Publishing Company, and indorsed and transferred by it to the plaintiff. The defendant Travis answered the complaint, and plaintiff replied to his answer, as stated in the…

1Opinion of the CourtMitchell, J.

The complaint alleges the execution by defendant, Travis, of two promissory notes, payable to the order of the Buckeye Publishing Company, and the indorsement and delivery of them by the payee to the plaintiff before maturity.

The substance of Travis’ answer is that at maturity he paid the notes to the payee, which surrendered and redelivered them to him. The reply admits the redelivery of the notes to Travis by the payee, but alleges that Travis again put them afloat by transferring them for a valuable consideration to one Cook, who in turn transferred them to the plaintiff. To this reply a…

2Cases cited1 opinion

  1. Bausman v. WoodmanSupreme Court of Minnesota · 1885

3Cited by5 opinions

  1. Farrell v. City of St. PaulSupreme Court of Minnesota · 1895
  2. Christensen v. TostevinSupreme Court of Minnesota · 1892
  3. International Lumber Co. v. American Suburbs Co.Supreme Court of Minnesota · 1912
  4. Stebbins v. Friend, Crosby & Co.Supreme Court of Minnesota · 1935
  5. Edelbrock v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1926

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