Legal Opinion

National Citizens' Bank v. Ertz

Supreme Court of Minnesota

Decided April 19, 1901No. Nos. 12,535 — (34)PublishedCited by 10 opinions

Action in the municipal court of Minneapolis to recover $195.84 and interest on a check. The case was tried before Kerr, J., who found in favor of plaintiff for the amount demanded. From an order denying a motion for a new trial, defendant appealed.

1Opinion of the CourtCollins, J.

One Cassiday, doing business in Mankato, Minnesota, as the Cassiday Packing Company, was indebted to plaintiff in the month of December, 1894, in the sum of $9,500. On account of this indebtedness, Cassiday indorsed and guarantied the promissory note of one Johnson, payable to himself, for the same amount, and delivered it to the plaintiff. He also executed a bill of sale or chattel mortgage upon certain meats in his possession to secure the payment of this note, and it was agreed between him and the plaintiff that he should have the right to sell the property thus mortgaged, and pay over to…

2Cases cited3 opinions

  1. Brackett v. . HarveyNew York Court of Appeals · 1883
  2. Conkling v. . ShelleyNew York Court of Appeals · 1863
  3. Dayton v. People's Savings BankSupreme Court of Kansas · 1880

3Cited by10 opinions

  1. Boyd v. EikenberryTexas Supreme Court · 1939
  2. Thex v. ShreveWyoming Supreme Court · 1928
  3. Wilson v. GeissSupreme Court of Minnesota · 1922
  4. Boyd v. EikenberryCourt of Appeals of Texas · 1936
  5. Berkner v. D'EvelynSupreme Court of Minnesota · 1912

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