Westacott v. Handley
Supreme Court of Minnesota
Action in the district court for Nicollet county to recover upon a promissory note for $560. The defenses were no consideration and false representations which induced defendants to sign the note in suit. The reply was a general denial and alleged that in order to obtain an extension of time on another note executed by defendant, the defendants executed the written agreement set out in the opinion and plaintiff’s readiness to furnish the release mentioned in that agreement.
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Action in the district court for Nicollet county to recover upon a promissory note for $560. The defenses were no consideration and false representations which induced defendants to sign the note in suit. The reply was a general denial and alleged that in order to obtain an extension of time on another note executed by defendant, the defendants executed the written agreement set out in the opinion and plaintiff’s readiness to furnish the release mentioned in that agreement. The case was tried before Olsen, J., and a jury which rendered a verdict in favor of defendants. From an order denying…
1Opinion of the CourtJaggard, J.
• Plaintiff brought an action to recover judgment on a promissory note dated November 15, 1907. Defendants’ answer alleged that the said note was without consideration, and also asserted a defense based on fraud, a fuller statement of both of which it is convenient to make subsequently. The reply contained a general denial, and pleaded other facts more specially, as will subsequently appear herein. The jury returned a general verdict for defendants. Defendants appealed from the order of the trial court granting a new trial. The court denied a motion to direct judgment in plaintiff’s favor…
2Cases cited5 opinions
- St. Anthony Falls Bank v. GrahamSupreme Court of Minnesota · 1897
- Gay v. KelleySupreme Court of Minnesota · 1909
- Armstrong v. CookIndiana Supreme Court · 1868
- Kalz v. Winona & St. Peter Railway Co.Supreme Court of Minnesota · 1899
- Heeg v. WeigandIndiana Supreme Court · 1870
3Cited by6 opinions
- Welch Manufacturing Co. v. Herbst Department StoreNorth Dakota Supreme Court · 1925
- Stratton v. RosenquistNorth Dakota Supreme Court · 1917
- Rieke v. St. Albans Land Co.Supreme Court of Minnesota · 1930
- Hicks v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1953
- Lincoln v. RaviczSupreme Court of Minnesota · 1928
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