Legal Opinion

First State Bank v. Utman

Supreme Court of Minnesota

Decided February 16, 1917No. Nos. 20,118—(231)PublishedCited by 12 opinions

Action in the district court for Itasca county to recover $5,000 upon promissory notes. The substance of the separate answer of defendant Utman will be found in the second paragraph of the opinion. From an order, Stanton, J., sustaining plaintiff’s demurrer to his answer, defendant Utman appealed.

1Opinion of the Court

Dibell, C.

Action on two promissory notes made by the defendant Cohasset *104Wooden Ware Company to the plaintiff and indorsed before delivery by the other defendants. The defendant Utman answered separately. The plaintiff demurred. The demurrer was sustained. The defendant appeals.

1. The indorsement of the defendant was made as an accommodation to the defendant company. His answer alleges that to induce him to indorse the officers of the company submitted to him a trial balance purporting to show its financial condition; that there was omitted from it a liability of $5,000; that it showed…

2Cases cited8 opinions

  1. First National Bank v. StraitSupreme Court of Minnesota · 1898
  2. Dominion Trust Co. v. HildnerSupreme Court of Pennsylvania · 1914
  3. Campbell v. WormanSupreme Court of Minnesota · 1894
  4. Citizens' Savings Bank v. VaughanMichigan Supreme Court · 1897
  5. Johnston Harvester Co. v. ClareSupreme Court of Minnesota · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLCSupreme Court of Minnesota · 2012
  2. Roe v. SmythNew York Court of Appeals · 1938
  3. In Re Estate of HoreSupreme Court of Minnesota · 1945
  4. Continental Oil Co. v. HorseyCourt of Appeals of Maryland · 1939
  5. Horan v. KeaneSupreme Court of Minnesota · 1925

7 more not listed; retrieve them via the Exa API.

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