Barton v. Moore
Supreme Court of Minnesota
Action on a promissory note, brought in the district court for Namsey county by indorsee against maker. In his answer the defendant pleaded that he made the note under the circumstances ■stated in the opinion, and merely as agent for one Abbott and for his accommodation, as plaintiff, when receiving the note, well knew.
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Action on a promissory note, brought in the district court for Namsey county by indorsee against maker. In his answer the defendant pleaded that he made the note under the circumstances ■stated in the opinion, and merely as agent for one Abbott and for his accommodation, as plaintiff, when receiving the note, well knew. He further alleged that neither Schnittger (the payee) nor the plaintiff can execute and deliver to Abbott a sufficient satisfaction, nor to defendant a sufficient assignment, of the mortgage; and that, without such assignment, the defendant would be greatly damaged in being…
1Opinion of the CourtMitchell, J.
The defence in this case is based entirely upon the mistaken idea that the promissory note upon which the action is brought, was accommodation paper — that is, executed without any consideration, for the accommodation of the payee, Schnittger. The undisputed facts are that Schnittger had contracted to sell certain real estate to one Abbott, the terms of the agreement being that, upon the execution of the deed, Abbott was, for part of the purchase-money, to execute to Schnittger a note secured by a mortgage on the premises. The business on behalf of Abbott was transacted by defendant as…
2Cases cited1 opinion
- Knoblauch v. FoglesongSupreme Court of Minnesota · 1887
3Cited by4 opinions
- Defiance Machine Works v. GillWisconsin Supreme Court · 1920
- Morris v. BlossomSupreme Court of Minnesota · 1930
- Leonard v. SwansonSupreme Court of Minnesota · 1894
- Hemenway v. CunninghamSupreme Judicial Court of Maine · 1915