Phœnix v. Gardner
Supreme Court of Minnesota
This action was commenced in the District Court for Nicollet county. The complaint alleges the execution of a promissory note by defendant Gardner to plaintiffs, on the 28th of September, 1858, for $J45 ; that on the 28th day of May, 1859, defendant Gardner and wife executed a warranty deed of certain real estate to plaintiff Phcenix, “as collateral to secure the payment of said promissory note, * * * which conveyance was, nevertheless, upon the consideration that if the…
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This action was commenced in the District Court for Nicollet county. The complaint alleges the execution of a promissory note by defendant Gardner to plaintiffs, on the 28th of September, 1858, for $J45 ; that on the 28th day of May, 1859, defendant Gardner and wife executed a warranty deed of certain real estate to plaintiff Phcenix, “as collateral to secure the payment of said promissory note, * * * which conveyance was, nevertheless, upon the consideration that if the said Jonathan N. Gardner should pay1 or cause to be paid to the plaintiffs the said promissory note, * * * then the…
1Opinion of the Court
-Wilson, Ch. J.-
Biy the Court -When this case was before us at the last term, my brethren held that on account of certain irregularities and defects in the record, it would be proper to "remand it for an amended return. The amended return has been made and filed in this Court, and cures the formal errors which before stood in the way of a disposition of *433the case on the merits. Certain questions not before considered, we will now pass upon.
At this stage of the case, the objection that the complaint does not state facts sufficient to constitute a cause of action, will not be allowed if the…
2Cited by11 opinions
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- Ibs v. Hartford Life InsuranceSupreme Court of Minnesota · 1913
- Matteson v. United States & Canada Land Co.Supreme Court of Minnesota · 1908
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