Cabbott v. Radford
Supreme Court of Minnesota
This action was brought in the district court for Blue Earth county. The complaint alleges, that defendants “ made, executed and delivered to said plaintiff J. L. Cabbott, and one Lester, a promissoi’y note,” &c. A copy of the note is set out in the complaint, in which “Cabbott & Lester” are named as payees.
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This action was brought in the district court for Blue Earth county. The complaint alleges, that defendants “ made, executed and delivered to said plaintiff J. L. Cabbott, and one Lester, a promissoi’y note,” &c. A copy of the note is set out in the complaint, in which “Cabbott & Lester” are named as payees. The complaint also alleges that the whole amount of said note is due, &c., and “ that said note was duly endorsed to this, plaintiff before the commencement of this action by said Lester.” Plaintiff demands judgment, &c. A demurrer was interposed as follows: “’First — There is a defect of…
1Opinion of the Court
By the Court.
Berry, J.
While the complaint in this case is by no means to be commended, we are nevertheless of opinion that it sets up in a slovenly form a substantial cause of action in the plaintiff. The presumption is, that the “ plaintiff J. L. Cabbott, and one Lester,” to whom the note is alleged to have been delivered, were the payees and owners thereof, for the same reasons assigned for a like presumption in Hayward vs. Grant, 13 Minn. 168; and if so, then the alleged indorsement by the “ said Lester ” would vest the entire property in the note in the plaintiff. See Chaffee vs. Taylor,…
2Cases cited3 opinions
- Green v. HolwayMassachusetts Supreme Judicial Court · 1869
- Smith v. JordanSupreme Court of Minnesota · 1868
- Hayward v. GrantSupreme Court of Minnesota · 1868
3Cited by13 opinions
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
- Emery v. HertigSupreme Court of Minnesota · 1895
- Minnesota Wood Specialties, Inc. v. MattsonSupreme Court of Minnesota · 1978
- Dunham Associates, Inc. v. Group Investments, Inc.Supreme Court of Minnesota · 1974
- Jorgenson v. JorgensonSupreme Court of Minnesota · 1900
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