Jagger v. National German-American Bank
Supreme Court of Minnesota
Appeal by defendant, the National German-American Bank, from an order of the District Court of Bamsey County, J. J. Egan, J., made October 29, 1892, denying its motion for a new trial. On October 1,1889, the plaintiff, John-Jagger, left with defendant for collection, a note for $700 and interest, made by George S. Acker and indorsed by W. D. Cornish and W. M. Bushnell, due May 10, 1890. When it fell due it was not paid.
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Appeal by defendant, the National German-American Bank, from an order of the District Court of Bamsey County, J. J. Egan, J., made October 29, 1892, denying its motion for a new trial. On October 1,1889, the plaintiff, John-Jagger, left with defendant for collection, a note for $700 and interest, made by George S. Acker and indorsed by W. D. Cornish and W. M. Bushnell, due May 10, 1890. When it fell due it was not paid. It was not protested or notice of nonpayment given the indorsers. Acker was insolvent, had no property not exempt from sale on execution. This action is to recover damages for…
1Opinion of the CourtMitchell, J.
This was an action to recover damages for the alleged failure of the defendant to take the necessary steps to fix the liability of the indorsers on a promissory note which plaintiff deposited with it for collection. The allegation of the complaint is that plaintiff delivered the note to the bank for collection, “notifying it to take all necessary steps, in case of nonpayment of the note at maturity, to hold the indorsers upon the same by due notice of nonpayment.”
Defendant insists that, having alleged express instructions to ' the bank, plaintiff was bound to prove it, and could not rest on…
2Cited by6 opinions
- People v. ThompsonMichigan Supreme Court · 1899
- McWethy v. NorbySupreme Court of Minnesota · 1919
- Bovay v. FullerCourt of Appeals for the Eighth Circuit · 1933
- West v. St. Paul National BankSupreme Court of Minnesota · 1893
- Illinois Commercial Men's Ass'n v. PerrinAppellate Court of Illinois · 1908
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