Mercantile National Bank of Cleveland v. Parsons
Supreme Court of Minnesota
Appeal by plaintiff, the Mercantile National Bank of Cleveland, Ohio, from an order of the District Court of Hennepin County, Chas. M. Pond, J., made February 10, 1893, denying its motion for a new trial. On October 20, 1890, and between that date and January 17,1891, the plaintiff loaned to the defendant the Lake Erie Tobacco Company, $17,500, and took its six notes therefor, indorsed by the defendant J. Burton Parsons.
Read the full summary
Appeal by plaintiff, the Mercantile National Bank of Cleveland, Ohio, from an order of the District Court of Hennepin County, Chas. M. Pond, J., made February 10, 1893, denying its motion for a new trial. On October 20, 1890, and between that date and January 17,1891, the plaintiff loaned to the defendant the Lake Erie Tobacco Company, $17,500, and took its six notes therefor, indorsed by the defendant J. Burton Parsons. When the notes fell due, they were presented for payment, but were not paid. They were protested for nonpayment, and notice was given to Parsons. The plaintiff claimed to…
1Opinion of the CourtMitchell, J.
While some of the findings of fact and conclusions of law of the trial court are probably erroneous, yet, in view of other facts found, these are not material, for, in our judgment, the whole case comes down to the single question whether the South Market Company was a purchaser in good faith, for value, without notice of plaintiff’s mortgage.
The deed of the property from Fletcher having been taken in the name of Crowell with the knowledge and consent of the Cleveland Farming Company, no enforceable trust in its favor resulted from the fact that it paid the consideration. 1878 G. S. ch. 43, §…
2Cases cited1 opinion
- Boyer v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1893
3Cited by27 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Marshburn v. StewartTexas Supreme Court · 1924
- Marshburn v. StewartTexas Commission of Appeals · 1923
- Rodgers v. Bankers National BankSupreme Court of Minnesota · 1930
- McLeod v. DespainOregon Supreme Court · 1907
22 more not listed; retrieve them via the Exa API.