Legal Opinion

Coon v. Pruden

Supreme Court of Minnesota

Decided June 24, 1878PublishedCited by 5 opinions

This action was brought in the district court for Ramsey county against the defendants A. K. Pruden and Annette L. Hare, formerly copartners as A. K. Pruden & Co., on a promissory note signed A. K. Pruden, payable to the order of A. K. Pruden & Co., and endorsed in the same partnership name.

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This action was brought in the district court for Ramsey county against the defendants A. K. Pruden and Annette L. Hare, formerly copartners as A. K. Pruden & Co., on a promissory note signed A. K. Pruden, payable to the order of A. K. Pruden & Co., and endorsed in the same partnership name. Pruden having been adjudged a bankrupt, proceedings were stayed as to him individually, and the only question litigated ■at the trial before Brill, J., was upon the liability of the co-partnership upon the note. At the close of plaintiff’s case the court ordered a dismissal of the action; a new trial was…

1Opinion of the CourtG-ileillan, C. J.

Action upon a promissory note, made by A. K. Pruden, payable to the order of A. K. Pruden & Co., a firm of which the maker was a member, endorsed by the firm, and coming into the hands of plaintiff. No demand for payment, or notice of non-payment to the endorsers, was proved. 'The plaintiff claimed to prove, by parol, that at the making of the note, it was intended that the firm should be the makers, and that they endorsed it for that purpose, and not for the purpose of assuming merely the liability of endorsers. The action was dismissed.

The case is not analogous to those in which parol…

2Cases cited2 opinions

  1. Barnard v. GaslinSupreme Court of Minnesota · 1876
  2. First National Bank of St. Paul v. National Marine Bank of St. PaulSupreme Court of Minnesota · 1873

3Cited by5 opinions

  1. Porter v. Winona & Dakota Grain Co.Supreme Court of Minnesota · 1899
  2. Young v. SehonWest Virginia Supreme Court · 1903
  3. Burwell v. GaylordSupreme Court of Minnesota · 1912
  4. People's Bank v. RockwoodSupreme Court of Minnesota · 1894
  5. Bowler v. BraunSupreme Court of Minnesota · 1895

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