Legal Opinion

Irish American Bank v. Ludlum

Supreme Court of Minnesota

Decided January 30, 1894No. 8431PublishedCited by 13 opinions

Appeal by defendant, John Ludlum, from an order of tlie District Court of Hennepin County, Robert.D. Russell, J., made July 22, 1893, denying his motion for a new trial. The plaintiff, the Irish American Bank, brought this, action March 1, 1890, upon two promissory notes. One was for $150 and interest at ten per cent, a year, dated November 1, 1889, signed New York Pie Company, E. J. White, Mgr., and payable ninety days thereafter to the order of Allen P. Thompson.

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Appeal by defendant, John Ludlum, from an order of tlie District Court of Hennepin County, Robert.D. Russell, J., made July 22, 1893, denying his motion for a new trial. The plaintiff, the Irish American Bank, brought this, action March 1, 1890, upon two promissory notes. One was for $150 and interest at ten per cent, a year, dated November 1, 1889, signed New York Pie Company, E. J. White, Mgr., and payable ninety days thereafter to the order of Allen P. Thompson. It was indorsed by him to the bank and protest waived. The other was for $500 and interest at ten per cent, a year, dated…

1Opinion of the CourtGilfillan, C. J.

The action is upon two promissory notes, dated, respectively, November 1 and 7, 1889, and signed, “New York Pie Co., E. J. White, Mgr.;” the claim of the plaintiff being that “The New York Pie Co.” was the business style of the defendant, and that E. J. White was his business manager, and authorized to execute promissory notes in his business and business style. Of course, there could be no recovery unless these facts were shown to exist at the dates of the notes.

To establish that these facts existed at those dates, the court below admitted in evidence a judgment in favor of the plaintiff in…

2Cited by13 opinions

  1. Leonard v. SchallSupreme Court of Minnesota · 1916
  2. Brooks Realty, Inc. v. Aetna Insurance Co.Supreme Court of Minnesota · 1964
  3. State ex rel. City of St. Paul v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
  4. Major v. OwenSupreme Court of Minnesota · 1914
  5. Macomb Sewer-Pipe Co. v. HanleySupreme Court of Minnesota · 1895

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