Young v. Perkins
Supreme Court of Minnesota
Defendant’s intestate died October 20, 1880, and defendant was appointed administratrix of her estate on December 20, 1880. On February 3, 1881, plaintiff filed as a claim against the estate a note made by defendant’s intestate, payable to t]ie order of plaintiff’s intestate, dated June 18,1873, on which were several indorsements of payments, the last being dated January 5, 1875. The probate court allow'ed the claim, and defendant appealed to the district court of Hennepin…
Read the full summary
Defendant’s intestate died October 20, 1880, and defendant was appointed administratrix of her estate on December 20, 1880. On February 3, 1881, plaintiff filed as a claim against the estate a note made by defendant’s intestate, payable to t]ie order of plaintiff’s intestate, dated June 18,1873, on which were several indorsements of payments, the last being dated January 5, 1875. The probate court allow'ed the claim, and defendant appealed to the district court of Hennepin county. In the' district court the action was tried by Young, J., without a jury, on stipulated facts, and the claim was…
1Opinion of the CourtBerry, J.
Defendant’s intestate was maker, and plaintiff’s intestate payee, of a promissory note bearing the following indorsement: “Received, January 5, 1875, one hundred dollars on within note.” From this indorsement alone, without any extrinsic fact, can it properly be inferred that such a payment was made upon the note as will preserve a right of action upon it for six years from January 5, 1875?
In Brisbin v. Farmer, 16 Minn. 215, it was remarked (p. 224:) “There is no doubt that a part-payment, without words or acts to indicate its character, would not be construed as carrying with it an…
2Cases cited4 opinions
- Chadwick v. CornishSupreme Court of Minnesota · 1879
- Roseboom v. BillingtonNew York Supreme Court · 1819
- Brisbin v. FarmerSupreme Court of Minnesota · 1871
- Downer v. ReadSupreme Court of Minnesota · 1871
3Cited by9 opinions
- Boyum v. JohnsonCourt of Appeals for the Eighth Circuit · 1942
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- In Re Fergus Falls Woolen Mills Co.District Court, D. Minnesota · 1941
- Irish v. DanielsSupreme Court of Minnesota · 1907
- Reeves v. SawyerSupreme Court of Minnesota · 1903
4 more not listed; retrieve them via the Exa API.