Farmers State Bank v. Cooke
Supreme Court of Minnesota
Action in the district court for McLeod county to recover $1,000 upon two promissory notes. The defenses interposed are given in the second paragraph of the opinion.
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Action in the district court for McLeod county to recover $1,000 upon two promissory notes. The defenses interposed are given in the second paragraph of the opinion. The case was tried before Tifft, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict on the grounds that the defense had wholly failed to prove any defense and defendant had shown herself grossly negligent at the time the instruments were signed, and a jury which returned a verdict in favor of defendant. From an order denying its motion for judgment notwithstanding the verdict or for…
1Opinion of the Court
Lees, C.
Plaintiff brought this action against defendant as the maker of two promissory notes of $500 each, which had been indorsed by the payee without recourse.
Defendant interposed three defenses: The first, that she had not signed the notes; the second, that they had been procured by fraud and that plaintiff was not a holder in due course; and the third that, if she signed the notes, her signature was procured 'by fraudulent representations as to their nature and terms and that she was free from negligence.
There was a trial by jury and a verdict for the defendant, and plaintiff has appealed…
2Cases cited6 opinions
- Shelling State Bank v. ClasenSupreme Court of Minnesota · 1916
- McWethy v. NorbySupreme Court of Minnesota · 1919
- First National Bank v. AndersenSupreme Court of Minnesota · 1919
- First National Bank v. DenfeldSupreme Court of Minnesota · 1919
- Cole v. JohnsonSupreme Court of Minnesota · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tiedt v. LarsonSupreme Court of Minnesota · 1928
- Commercial Trust Co. of New Jersey v. KealeyCourt of Appeals for the Fourth Circuit · 1937
- Chamberlin v. Twin Ports Development Co.Supreme Court of Minnesota · 1935