Legal Opinion

Peckham v. M. D. Gilman & Co.

Supreme Court of Minnesota

Decided July 15, 1862PublishedCited by 7 opinions

ERROR TO THE DISTRICT COURT OF SCOTT COUNTY. Tbe above named Plaintiffs show to the Court that they are partners in business under the firm name and style of M. D. Gilman & Co.; that the said Defendant P. Peckham being indebted to said Plaintiffs, did on the ninth day of May, a. d. 1859, at St. Paul in said county, execute his promissory note in writing bearing date o,f that day, whereby for value received he promised to pay on or before the 1st day of August, a. d. 1859, to…

Read the full summary

ERROR TO THE DISTRICT COURT OF SCOTT COUNTY. Tbe above named Plaintiffs show to the Court that they are partners in business under the firm name and style of M. D. Gilman & Co.; that the said Defendant P. Peckham being indebted to said Plaintiffs, did on the ninth day of May, a. d. 1859, at St. Paul in said county, execute his promissory note in writing bearing date o,f that day, whereby for value received he promised to pay on or before the 1st day of August, a. d. 1859, to the order of said Plaintiffs by their said firm name of M. D. Gilman & Co., the sum of two hundred fourteen and 82-100…

1Opinion of the Court

By the Cowrt

Emmett, C. J.

This Court, in McComb, Simpson & Co. vs. Thompson, 2 Minn., 139, and in Marienthal, Lehman & Co. vs. Taylor & White, id., 147, held, that a party who writes his name upon the hack of a negotiable promissory note, before its delivery to the payee, and for the purpose of giving it credit with him, becomes thereby a joint maker, and that parol evidence may be given to prove these facts. The same doctrine was also held by the Supreme Court of the Territory, in Pierse vs. Irvine et al., 1 Minn., 369; Rey *448et al. vs. Simpson, id., 380; and Winslow vs. Boyden & Williard, id.,…

2Cases cited2 opinions

  1. McComb, Simpson & Co. v. ThompsonSupreme Court of Minnesota · 1858
  2. Pierse v. Irvine, Stone & McCormickSupreme Court of Minnesota · 1857

3Cited by7 opinions

  1. Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
  2. Rothschild v. GrixMichigan Supreme Court · 1875
  3. Cromwell v. HewittNew York Court of Appeals · 1869
  4. Dennis v. JacksonSupreme Court of Minnesota · 1894
  5. Browns Valley State Bank v. PorterCourt of Appeals for the Eighth Circuit · 1916

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API