Sanborn v. Neal
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP RICE COUNTY. The cause of action is founded upon a promissory note, (copied in the opinion of the Court,) upon which the makers were sought to be held individually responsible. The record presents a mass of evidence tending to show the intention of the makers to contract in an official capacity, and to carry notice thereof to the Plaintiff. Yerdict for the Defendants, and motion for a new trial overruled. Plaintiff appealed.
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APPEAL PROM THE DISTRICT COURT OP RICE COUNTY. The cause of action is founded upon a promissory note, (copied in the opinion of the Court,) upon which the makers were sought to be held individually responsible. The record presents a mass of evidence tending to show the intention of the makers to contract in an official capacity, and to carry notice thereof to the Plaintiff. Yerdict for the Defendants, and motion for a new trial overruled. Plaintiff appealed. Points and authorities of Appellant. JBvrsb. — The note and mortgage constitute one contract, the Defendant’s contract in writing to pay…
1Opinion of the CourtEmmett, C. J.
By the Court. This case turns mainly upon tbe question, whether the Court below erred in holding that parol evidence might be received to show that the Defendants executed the note on which the action is brought in their official capacity, as the Trustees of School District No. 10, in Rice county, and not as individuals. That the note was given not for their own debt, but the debt of the district; that it was the intention of the parties to bind the district only — and that it was so understood by the Plaintiff at the time, and the note received by him as the note of the district.
The decision…
2Cases cited3 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Perry v. HydeSupreme Court of Connecticut · 1834
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3Cited by16 opinions
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- Miller v. WaySouth Dakota Supreme Court · 1894
- New York & Charleston Steam-Ship Co. v. HarbisonU.S. Circuit Court for the District of Connecticut · 1883
- Sims Printing Co. v. KerbyArizona Supreme Court · 1940
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