Capehart v. Van Campen
Supreme Court of Minnesota
This action was brought in the Ramsey County District Court. The plaintiff in his complaint alleges the execution of a promissory note by the defendant to one Joseph Daniels ; its assignment and delivery by said Daniels to one William E. Brimhall, who commenced an action thereon in the Ramsey County District Court; that pending said action said Brimhall sold and transferred his interest in the cause of action to one E. A. Wellcr, and endorsed and delivered said promissory…
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This action was brought in the Ramsey County District Court. The plaintiff in his complaint alleges the execution of a promissory note by the defendant to one Joseph Daniels ; its assignment and delivery by said Daniels to one William E. Brimhall, who commenced an action thereon in the Ramsey County District Court; that pending said action said Brimhall sold and transferred his interest in the cause of action to one E. A. Wellcr, and endorsed and delivered said promissory note to him; that said Weller sold and transferred his interest in said cause of action to said plaintiff, and endorsed…
1Opinion of the Court
By the Court —
Berry, J.
— The complaint in this case sets out a cause of action upon a promissory note, and also certain matters of anticipated defence.which it seeks to avoid. . To this complaint the respondent interposed a demurrer, from the order sustaining which an appeal is taken to this Court.
There is also an agreed “statement of case,” in which some of the facts stated in the. complaint are set out somewhat more in detail than in the pleadings, with perhaps allegations of new matter.
As the demurrer was taken to the complaint and not to the statement of case, we are unable to perceive on…
2Cases cited1 opinion
- Brimhall v. Van CampenSupreme Court of Minnesota · 1862
3Cited by5 opinions
- Bond v. WhiteSupreme Court of Kansas · 1880
- Graham v. City of MinneapolisSupreme Court of Minnesota · 1889
- State ex rel. Brooks-Scanlon Lumber Co. v. Knife Falls Boom Corp.Supreme Court of Minnesota · 1905
- Alansky v. Northwest Airlines, Inc.Supreme Court of Minnesota · 1947
- Gray v. Hoover Grain Co.Supreme Court of Minnesota · 1922