Legal Opinion

Atwater v. Smith

Supreme Court of Minnesota

Decided August 4, 1898No. Nos. 11,167-(228)PublishedCited by 6 opinions

Appeal by defendant from an order of the district court for Hennepin county, McGee, J., denying his motion for a new trial after an order for judgment in favor of plaintiff for $11,165.44.

1Opinion of the CourtCollins, J.

Action by the receiver of an insolvent national bank upon a negotiable promissory note made by defendant, and payable to the bank. Defense, want of consideration.

A mere statement of the facts, over which there was no controversy, should prove sufficient to dispose of defendant’s appeal:., For some time prior to October 10; 1894, and until the bank suspended payment, one Kittelson was its president, and defendant was one of its-board of directors. Just before the day mentioned, the bank had been compelled to take its stock shares, of the par *508value of $10,000, in payment of a note held against…

2Cases cited4 opinions

  1. Finn v. BrownSupreme Court of the United States · 1891
  2. Pauly v. O'BrienU.S. Circuit Court for the District of Southern California · 1895
  3. Barto v. NixWashington Supreme Court · 1896
  4. Lewis v. SwitzU.S. Circuit Court for the District of Nebraska · 1896

3Cited by6 opinions

  1. State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
  2. Atwater v. StrombergSupreme Court of Minnesota · 1899
  3. Markville State Bank v. SteinbringSupreme Court of Minnesota · 1930
  4. Lake Harriet State Bank v. VenieSupreme Court of Minnesota · 1917
  5. Chippewa County State Bank Ex Rel. Veigel v. KiefSupreme Court of Minnesota · 1930

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