Smith v. Crane
Supreme Court of Minnesota
Plaintiff, as indorsee for value and before maturity, brought this action in the municipal court of Mankato upon the promissory note set out in the opinion.
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Plaintiff, as indorsee for value and before maturity, brought this action in the municipal court of Mankato upon the promissory note set out in the opinion. The answer denies that the note is negotiable, denies that plaintiff is the holder and owner of the note, denies that it was transferred before maturity, alleges that it was given, with two other notes, in payment for a harvester and binder which was accompanied with a written warranty, alleges a breach of the warranty and a return of the harvester and binder in accordance with the provisions of the warranty, and asks that the damages for…
1Opinion of the CourtBerry, J.
“$100. Good Thunder, July 24, 1882.
“For value received on or before the first day of January, 1884, I, or we, or either of us, promise to pay to the order of D. M. Osborne & Co. the sum of one hundred dollars, at the office of Gebhard & *146Moore, in Mankato, with interest at ten per cent, per annum from date until paid; seven, if paid when due.
“W. J. B. Crane.”
A negotiable promissory note must be certain as to amount. Jones v. Radatz, 27 Minn. 240. It is so certain when the sum to become absolutely payable upon it at any given time is ascertainable upon its face. 1 Daniel, Neg. Inst. § 53; Towne…
2Cases cited6 opinions
- Jones v. RadatzSupreme Court of Minnesota · 1880
- Towne v. RiceMassachusetts Supreme Judicial Court · 1877
- Minor v. Willoughby & PowersSupreme Court of Minnesota · 1859
- Gwynne v. NiswangerOhio Supreme Court · 1846
- Newell v. HoultonSupreme Court of Minnesota · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hatch v. First National BankSupreme Judicial Court of Maine · 1900
- Allen v. CoolingSupreme Court of Minnesota · 1924
- Hughitt v. JohnsonU.S. Circuit Court for the District of Eastern Missouri · 1886
- Capital City State Bank v. SwiftDistrict Court, E.D. Oklahoma · 1923
- Hope v. BarkerMissouri Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.