Castner v. Austin Sumner & Co.
Supreme Court of Minnesota
Tbis was a writ of error to the District Court of Bamsey County. The Plaintiffs in tbe Court below, Austin Sumner & Co., brought their suit to recover tbe amount of three several promissory notes made by the Defendants, payable to one Daniel Wilson, or bearer, who transferred them to the Plaintiffs after maturity. The notes amounted to thirty-one hundred dollars and interest.
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Tbis was a writ of error to the District Court of Bamsey County. The Plaintiffs in tbe Court below, Austin Sumner & Co., brought their suit to recover tbe amount of three several promissory notes made by the Defendants, payable to one Daniel Wilson, or bearer, who transferred them to the Plaintiffs after maturity. The notes amounted to thirty-one hundred dollars and interest. Several issues of fact were presented upon the trial of the cause', but the only question in this Court seems to have been, whether or not the Plaintiffs were the parties in interest, and authorized to bring the suit…
1Opinion of the Court
By the Court.
I. Atwater, J.
The Appellants claim that the Court below erred in refusing to charge the jury as requested by their counsel on the trial of the cause.
Erom the testimony as reported, there may be a question as to whether the'assignment of the notes was absolute, or whether a contingent interest remained in the assignor, as claimed by the counsel for the Appellants. But in either case the action is properly brought in the. name of the Plaintiffs. It is clear from the evidence, that the assignor intended to give them the right to collect the notes. The bond taken by Wilson shows this…
2Cases cited2 opinions
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