First National Bank v. Lang
Supreme Court of Minnesota
Action in the district court for Stearns county to. recover $2,409.07 and interest upon a promissory note executed by defendant Lang and indorsed and guarantied by defendant C. E. Clarke. The answer of defendant Lang, who alone appeared, was on motion stricken out by the court, Baxter, J., as sham and frivolous, and thereafter the court denied defendant permission to serve a proposed amended answer.
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Action in the district court for Stearns county to. recover $2,409.07 and interest upon a promissory note executed by defendant Lang and indorsed and guarantied by defendant C. E. Clarke. The answer of defendant Lang, who alone appeared, was on motion stricken out by the court, Baxter, J., as sham and frivolous, and thereafter the court denied defendant permission to serve a proposed amended answer. From a judgment entered in favor of plaintiff as for want of an answer, defendant appealed.
1Opinion of the CourtJaggard, J.
This is an appeal from a refusal by the trial court to allow an amended answer to be filed in lieu of the original, which the court had stricken out as sham and frivolous.
The complaint sets forth a promissory note to respondent, signed by appellant, and guarantied and transferred to respondent by another defendant, named Clarke. The original answer, besides pleading the general issue, sets forth that the note was executed by appellant solely for the accommodation of said Clarke, and without consideration, and that these facts were well known to respondent at the time the note was transferred…
2Cases cited14 opinions
- O'Ferrall v. ColbySupreme Court of Minnesota · 1858
- Boughner v. MeyerSupreme Court of Colorado · 1879
- Rea v. McDonaldSupreme Court of Minnesota · 1897
- Stevens v. McMillinSupreme Court of Minnesota · 1887
- Tourtelot v. ReedSupreme Court of Minnesota · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Independent School District v. City of White Bear LakeSupreme Court of Minnesota · 1940
- Segerstrom v. Holland Piano Manufacturing Co.Supreme Court of Minnesota · 1924
- Towne v. DunnSupreme Court of Minnesota · 1912
- Cairns v. LewisSupreme Court of Minnesota · 1926
- United States v. DelaneyDistrict Court, D. New Jersey · 1934
3 more not listed; retrieve them via the Exa API.