White v. Miller
Supreme Court of Minnesota
Appeal by defendants, Peter S. Miller and Eozetta Miller, his wife, from an order of the District Court of Hennepin County, Hooker, J., made September 21, 1892, overruling their-demurrer to the complaint. On April 8, 1890, the defendants made and delivered to plaintiff, Willis A. White, their negotiable promissory note for $2,500, due five years thereafter, with interest at the rate of six per cent, a year.
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Appeal by defendants, Peter S. Miller and Eozetta Miller, his wife, from an order of the District Court of Hennepin County, Hooker, J., made September 21, 1892, overruling their-demurrer to the complaint. On April 8, 1890, the defendants made and delivered to plaintiff, Willis A. White, their negotiable promissory note for $2,500, due five years thereafter, with interest at the rate of six per cent, a year. At the same time they made and delivered to plaintiff five other negotiable promissory notes for $75 each, due one on October 1,1890; one on October 1, 1891; one October 1, 1892; one…
1Opinion of the CourtCollins, J.
To affirm the order appealed from, we should be compelled to hold, as did the court below, that by means of a clause in the real-estate mortgage, hereinafter mentioned, the negotiable promissory notes — three in number, each for $75 — described in plaintiff’s 2d, 3d, and 4th causes of action, and another, for the sum of $2,500, had all been brought to maturity before the commencement of this action, although, according to their terms, none were then due or payable. The mortgage was executed by defendants, payors, to plaintiff, payee, to secure, and contemporaneously with, these notes, and two…
2Cases cited5 opinions
- Railroad Co. v. SpragueSupreme Court of the United States · 1881
- Noell v. GainesSupreme Court of Missouri · 1878
- Chambers v. MarksSupreme Court of Alabama · 1890
- Johnson v. CarpenterSupreme Court of Minnesota · 1862
- Redin v. BranhanSupreme Court of Minnesota · 1890
3Cited by35 opinions
- Jackson v. Mortgage Electronic Registration Systems, Inc.Supreme Court of Minnesota · 2009
- Gunther v. WhiteTennessee Supreme Court · 1973
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Winne v. LahartSupreme Court of Minnesota · 1923
- Conerty v. RichtsteigIllinois Supreme Court · 1942
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