Alexander v. Thompson
Supreme Court of Minnesota
Two actions, brought in the district court for Blue Earth county, one on each of the following instruments: “In consideration of full release of obligation to 1st Nat. Bank, Worthington, guaranteed by George J. Day, due George -J. Day, in settlement, $1,631.41 on within account. March 14, 1888. Peter Thompson.” “Due George J. Day in settlement $1,050, value received. Worthington, Minn., May 11, 1888. Peter Thompson.” Plaintiff sues as a purchaser from Day.
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Two actions, brought in the district court for Blue Earth county, one on each of the following instruments: “In consideration of full release of obligation to 1st Nat. Bank, Worthington, guaranteed by George J. Day, due George -J. Day, in settlement, $1,631.41 on within account. March 14, 1888. Peter Thompson.” “Due George J. Day in settlement $1,050, value received. Worthington, Minn., May 11, 1888. Peter Thompson.” Plaintiff sues as a purchaser from Day. The cases were tried together by Severance, J., and judgment was ordered for plaintiff, who appeals from an order in each ease granting a…
1Opinion of the Court
Gileillan, G. J.
In neither of these cases is the instrument sued on a complete contract. In some states a due-bill is held to be a promissory note; in others it is held to be so if it contains words denoting a promise to pay or an intent that it shall be negotiable. But the better authority, as well as most consistent with principle, is that a mere acknowledgment of indebtedness is not of itself a contract. It is rather an admission of fact, and, like all mere admissions, written or oral, it might be contradicted or explained by parol. It does not affect this rule that, from the facts…
2Cited by7 opinions
- State v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1959
- Makiesky v. National Guardian Life InsuranceSupreme Court of Minnesota · 1928
- Pearson v. BertelsonSupreme Court of Minnesota · 1957
- Smith v. WillingWisconsin Supreme Court · 1904
- Murphy v. MurphySupreme Court of Iowa · 1895
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