Cooper v. Brewster
Supreme Court of Minnesota
This was an action commenced before II. K. McKinstry, Esq. Justice of the Peace for Washington County, by the plaintiff in error, against the defendant in error. 'The plaintiff declares on a promissory note made by defendant, for the sum of $380, claiming a balance due of $98 36. Two other persons were named as defendants in the summons, • but Brewster was the only one summoned.
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This was an action commenced before II. K. McKinstry, Esq. Justice of the Peace for Washington County, by the plaintiff in error, against the defendant in error. 'The plaintiff declares on a promissory note made by defendant, for the sum of $380, claiming a balance due of $98 36. Two other persons were named as defendants in the summons, • but Brewster was the only one summoned. Brewster appeared and plead the general issue, and gave notice of a set off of the following promissory noto: $100. Por value’received, I promise to pay to L. Buford, or bearer, one hundred dollars when H. H. Sibley…
1Opinion of the CourtPuller, C. J.
This action was commenced before a Justice of the Peace, by the plaintiff, against John II. Brewster, and two other defendants, who were not served with process, nor did they appear. The plaintiff declared upon a joint promissory note agaipst the three. Brewster pleaded non assiomgsii, and gave notice of set off. IJpon the trial, the defendant offered in evidence as a set off, a note for one hundred dollars, made by Cooper the plaintiff, and payable to one Buford, or bearer, *96“ when H. H. Sibley should be elected, delegate to Congress,” and purporting on its face to have been given for value…
2Cited by4 opinions
- Johnson v. StateCourt of Criminal Appeals of Texas · 1893
- Wilkinson v. TousleySupreme Court of Minnesota · 1871
- Merchants' Savings, Loan & Trust Co. v. GoodrichIllinois Supreme Court · 1874
- Bates v. CliffordSupreme Court of Minnesota · 1875