Legal Opinion

Nunnemacker v. Johnson

Supreme Court of Minnesota

Decided May 11, 1888PublishedCited by 5 opinions

This action was brought in the district court for Hennepin county, upon a promissory note for $1,500, made by defendant to the order of N. G. Frederickson, and alleged in the complaint to have been indorsed and transferred to plaintiff, for value and before maturity. The answer admitted the making of the note, and pleaded the defences stated in the opinion. The plaintiff, having replied, moved for judgment on the pleadings.

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This action was brought in the district court for Hennepin county, upon a promissory note for $1,500, made by defendant to the order of N. G. Frederickson, and alleged in the complaint to have been indorsed and transferred to plaintiff, for value and before maturity. The answer admitted the making of the note, and pleaded the defences stated in the opinion. The plaintiff, having replied, moved for judgment on the pleadings. The motion was granted by Young, J., judgment was entered, and the defendant appealed.

1Opinion of the CourtVanderburgh, J.

In paragraphs 2 and 3 of the complaint it is alleged that “afterwards, and before the maturity of the said note, the said N. C. Frederickson, for value received, sold, indorsed, and transferred and delivered the said note, in the usual course of business, to the plaintiff herein; that, ever since said sale, transfer, indorsement, and delivery, the said plaintiff has been and still is the owner and holder of the said note.” In the answer, “the defendant denies any knowledge or information sufficient to form a belief as to the allegations in said complaint contained in paragraphs numbered 2 and…

2Cases cited4 opinions

  1. Stone v. QuaalSupreme Court of Minnesota · 1886
  2. McCutchen v. Town of FreedomSupreme Court of Minnesota · 1870
  3. Pullen v. WrightSupreme Court of Minnesota · 1885
  4. Branham v. BezansonSupreme Court of Minnesota · 1885

3Cited by5 opinions

  1. Conway v. United StatesCourt of Appeals for the Eighth Circuit · 1899
  2. McKasy v. HuberSupreme Court of Minnesota · 1896
  3. Hodgson v. MatherSupreme Court of Minnesota · 1904
  4. Commercial Security Co. v. JackNorth Dakota Supreme Court · 1914
  5. Cookson v. HillSupreme Court of Minnesota · 1920

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