Brown v. Jordhal
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Freeborn county, as holder of the following instrument: “Toionship of Manchester, Feb’y S3, 1881. “$120. Six months after date, (or before, if made out of the sale of Drake’s horse hay fork and hay carrier,) I promise to pay James B. Drake or bearer one hundred and twenty dollars. “Negotiable and payable at the Freeborn County Bank, Albert Lea, Minn., with ten per cent, interest after maturity until paid.
Read the full summary
Plaintiff brought this action in the district court for Freeborn county, as holder of the following instrument: “Toionship of Manchester, Feb’y S3, 1881. “$120. Six months after date, (or before, if made out of the sale of Drake’s horse hay fork and hay carrier,) I promise to pay James B. Drake or bearer one hundred and twenty dollars. “Negotiable and payable at the Freeborn County Bank, Albert Lea, Minn., with ten per cent, interest after maturity until paid. “Ole J. Jordahl. [Seal.] “Witness: J. Williamson.” [Seal.] At the trial before Farmer, J., the plaintiff, having introduced evidence…
1Opinion of the Court
Gilfillan, C. J.1
The defendant executed an instrument in the form of a negotiable promissory note, except that after and opposite the signature were brackets, and between them the word “seal,” thus, “ [Seal.] ” The question in the case is, is this a negotiable promissory note, so as to be entitled to the peculiar privileges and immunities accorded to commercial paper? The rule that an instrument *137tinder seal, though otherwise in the form of a promissory note, is not (certainly when executed by a natural person, however it may be when executed by a corporation) a negotiable note, entitled to…
2Cited by5 opinions
- Clarke v. PierceMassachusetts Supreme Judicial Court · 1913
- Philip v. StearnsSouth Dakota Supreme Court · 1905
- McLaughlin v. BraddySupreme Court of South Carolina · 1902
- D. M. Osborne & Co. v. HubbardOregon Supreme Court · 1891
- Orr v. HopkinsNew Mexico Supreme Court · 1883