Johnson v. First State Bank
Supreme Court of Minnesota
Action in the district court for Winona county to recover $4,000. Jerome Speltz intervened and plaintiff demurred to his amended intervening complaint on the ground that it appeai-ed upon the face thereof that it did not state facts sufficient to constitute a ground for intervention. Plaintiff demurred to the answer of defendant bank on the ground that it did not state facts sufficient to constitute a defense.
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Action in the district court for Winona county to recover $4,000. Jerome Speltz intervened and plaintiff demurred to his amended intervening complaint on the ground that it appeai-ed upon the face thereof that it did not state facts sufficient to constitute a ground for intervention. Plaintiff demurred to the answer of defendant bank on the ground that it did not state facts sufficient to constitute a defense. The demurrers were sustained, Callaghan, J. From the order sustaining the demurrer to its answer, the First State Bank of Rollingstone appealed. From the order sustaining the demurrer…
1Opinion of the Court
Hoi/r, J.
This action was brought to recover $4,000, the amount of two drafts or cashier’s checks drawn by defendant on the Merchants Bank of Winona in favor of plaintiff, and upon which defendant had afterwards stopped payment.
Defendant answered, alleging that plaintiff had entered into an agreement to sell Jerome Speltz certain shares of stock in a land company at $61 per share and $224 besides; that Speltz gave to plaintiff his check for $4,250 on defendant in payment; that through mistake Speltz believed plaintiff owned and was selling him 66 shares of stock and computed the amount due him…
2Cases cited7 opinions
- Briggs v. . Cent. Nat'l B'k of City of N.Y.New York Court of Appeals · 1882
- Hunt v. Security State BankOregon Supreme Court · 1919
- First National Bank v. McConnellSupreme Court of Minnesota · 1908
- Loth v. MothnerSupreme Court of Arkansas · 1890
- First National Bank v. MaxfieldSupreme Judicial Court of Maine · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- The Laura Baker School v. PflaumSupreme Court of Minnesota · 1947
- Bohlig v. First National Bank in WadenaSupreme Court of Minnesota · 1951
- Allied Auto Sales, Inc. v. PRESIDENT, ETC., FARM. BANKSupreme Court of Delaware · 1966
- Bank of America v. ButterfieldSouth Dakota Supreme Court · 1958
- Missouri Pacific R.R. v. N. Ark. Hw'y Imp. Dist.Supreme Court of Arkansas · 1925
5 more not listed; retrieve them via the Exa API.