First International Bank of Portal v. Brown
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $1,600 upon the-promissory note of defendants. Defendant Himmelmann alone answered. The case was tried before Pfau, J., who denied the motion of defendant Himmelmann to dismiss the action, and a jury which returned a verdict in favor of defendant. From an order denying its motion for judgment in its favor notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the CourtSchaller, J.
Action on a promissory note against Henry Himmelmann, Jr., and D. J. Brown, defendants.
The complaint alleges that Himmelmann and Brown were co-partners conducting a certain business at North Portal, Saskatchewan, Canada; that the firm name was D. J. Brown; that the debt evidenced by the note was incurred by the copartnership for moneys borrowed from plaintiff, for use in the copartnership business, and that the note itself was signed by D. J. Brown.
Defendant Himmelmann answered, admitting the corporate status of plaintiff; denying the other allegations in the complaint, except tbat be…
2Cases cited3 opinions
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
- Swigert v. AspdenSupreme Court of Minnesota · 1893
- Haines v. StarkeySupreme Court of Minnesota · 1901
3Cited by1 opinion
- Swanson v. LindstromSupreme Court of Minnesota · 1921