Rock County National Bank v. Hollister
Supreme Court of Minnesota
Appeal by plaintiff, from an order of the district court for Goodhue county, Grosby, J., presiding, refusing a new trial.
1Opinion of the CourtGilpillan, C. J.
Suit on a promissory note. The answer puts in issue plaintiff’s title, and, secondly, alleges a failure of consideration. The defendant had a verdict. Had the defence of failure of consideration been the only one on trial, it would be impossible to sustain the verdict; and it must stand, if at all, upon the question whether there was sufficient conflict in the evidence as to plaintiff’s title to the note to leave that question to the jury.
Two witnesses swear that plaintiff" is the owner of the note, and that it became such in August, 1870, one of them stating that it acquired its title by…
2Cases cited2 opinions
- Lovell v. EvertsonNew York Supreme Court · 1814
- Morton v. RogersCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by12 opinions
- Gruber v. BakerNevada Supreme Court · 1890
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- First State Bank of Bristow v. O'BannonSupreme Court of Oklahoma · 1928
- Merchants' National Bank of St. Paul v. HansonSupreme Court of Minnesota · 1884
- Roberts v. SnowNebraska Supreme Court · 1889
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