Bank of Montreal v. Richter
Supreme Court of Minnesota
Appeal by plaintiff, Bank of Montreal, from an order of the-District Court of Wadena County, G. W. Holland, J., made April. 8, 1893, denying its motion for a new trial.
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Appeal by plaintiff, Bank of Montreal, from an order of the-District Court of Wadena County, G. W. Holland, J., made April. 8, 1893, denying its motion for a new trial. On June 8, 1889, E. Bennett & Son of Topeka, Kansas, sold to-the defendants, Peter Richter and nine others of Wadena, a stallion named Stoneclink for $2,400 and took their promissory notes' for the price, one for $500 due in one year, one for $900 due in two years, and one for $1,000 due in three years, all bearing interest at eight per cent, a year. E. Bennett & Son indorsed and transferred the notes on June 29, 1889, at…
1Opinion of the Court
Vanderburgh, J
The promissory note sued on was given for the purchase price of a stallion, and the defendants, in their answer, in addition to denials, set up as a defense that they were *365induced to make tbe purchase and to execute tbe note by tbe false and fraudulent representations of tbe agent of tbe payees, wbo were tbe owners of tbe borse. On tbe trial tbe plaintiff objected to the admission of any evidence under tbe answer, on tbe ground that, in addition to tbe charge of fraud, it did not allege that tbe plaintiff bad notice thereof when it took tbe note. We think it is tbe usual…
2Cases cited5 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- First National Bank v. RuhlIndiana Supreme Court · 1890
- Totten v. BucyCourt of Appeals of Maryland · 1882
- Rosemond v. GrahamSupreme Court of Minnesota · 1893
3Cited by20 opinions
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Shelling State Bank v. ClasenSupreme Court of Minnesota · 1916
- Vickery v. BurtonNorth Dakota Supreme Court · 1896
- Mendenhall v. UlrichSupreme Court of Minnesota · 1905
- Olsen v. HoffmannSupreme Court of Minnesota · 1928
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