Matz v. Martinson
Supreme Court of Minnesota
Action in tbe district court for Wilkin countj to recover a balance of $488.70 upon a promissory note. Tbe answer alleged that on tbe day mentioned defendant was intoxicated and deprived of bis reason and understanding, and while so intoxicated plaintiff, taking an undue advantage of bis condition, induced bim to sign bis name to tbe note.
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Action in tbe district court for Wilkin countj to recover a balance of $488.70 upon a promissory note. Tbe answer alleged that on tbe day mentioned defendant was intoxicated and deprived of bis reason and understanding, and while so intoxicated plaintiff, taking an undue advantage of bis condition, induced bim to sign bis name to tbe note. Tbe case was tried before Flaberty, J., wbo granted defendant’s motion to strike out all tbe evidence on bebalf of tbe defendant bearing on tbe question of bis intoxication, and a jury wbicb returned a verdict for tbe amount demanded. From an order denying…
1Opinion of the Court
Taylob., 0.
Tbis is a suit upon a promissory note. The defense interposed is that defendant was so drunk when be signed it that be was incapable of entering into a contract. At tbe close of tbe evidence all testimony tending to prove such drunkenness was stricken out on motion of plaintiff. Tbe testimony so stricken out would have supported a finding by tbe jury that defendant was intoxicated to tbe extent claimed, and consequently tbe action of tbe court in striking it out presents tbe question as to whether tbe fact of such intoxication was a defense to tbe suit.
1. Tbe note together with a…
2Cases cited6 opinions
- Kelly v. L. & N. R. R.Supreme Court of Alabama · 1908
- Strickland v. Parlin & Orendorf Co.Supreme Court of Georgia · 1903
- Fowler v. Meadow Brook Water Co.Supreme Court of Pennsylvania · 1904
- Carpenter v. RodgersMichigan Supreme Court · 1886
- J. I. Case Threshing Machine Co. v. MeyersNebraska Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hauge v. ByeNorth Dakota Supreme Court · 1924
- Sherbloom v. FaussettWashington Supreme Court · 1918