Walters v. Armstrong
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Appellant: There are two distinct propositions which arise in this case, and which may be thus stated: First. — Where A, being indebted to B upon promissory note, gives B a new note, payable on demand, upon no other consideration than the indebtedness of the old note, can A show in a suit by B on the new note, that it was given for more than the sum due on the old note, and thus limit the recovery to…
Read the full summary
APPEAL EROM THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Appellant: There are two distinct propositions which arise in this case, and which may be thus stated: First. — Where A, being indebted to B upon promissory note, gives B a new note, payable on demand, upon no other consideration than the indebtedness of the old note, can A show in a suit by B on the new note, that it was given for more than the sum due on the old note, and thus limit the recovery to the amount due on the old note ? Second. — If, in a case like the above, a dispute arises between the parties at the…
1Opinion of the Court
By the Gowrt
Atwatbe, J.
The Plaintiff Armstrong brings his action to foreclose a mortgage against the Defendant, securing two promissory notes — one for the sum of $2,108, and one for the sum of $464. The execution of the notes and mortgage is admitted by the Defendant, but the answer claims that the Defendants should be credited on the note of $2,108 at its date, with the sum of $578.78, which the Plaintiff refused to allow.
Amotion was made by the Plaintiff to strike out as irrelevant and immaterial, so much of the answer as set uj> the facts upon which the Defendant relied as entitling him…
2Cases cited1 opinion
- Oakley v. BoormanNew York Supreme Court · 1839
3Cited by3 opinions
- Leighton v. GrantSupreme Court of Minnesota · 1874
- McMillan v. GardnerSupreme Court of Kansas · 1912
- Knight v. W. T. Walker Brick Co.Court of Appeals for the D.C. Circuit · 1904