Bank of Glencoe v. Cain
Supreme Court of Minnesota
Action in the district court for Carlton county to recover from defendants $3,200 upon a promissory note and contract, and to have the' amount found due declared a specific lien upon certain creamery buildings and land, for the purchase of which the note and contract were alleged to have been given.
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Action in the district court for Carlton county to recover from defendants $3,200 upon a promissory note and contract, and to have the' amount found due declared a specific lien upon certain creamery buildings and land, for the purchase of which the note and contract were alleged to have been given. The case was tried before Cant, J., and a jury, which made special findings that certain defendants had signed the note and contract, and rendered a general verdict against the other defendants for the sum demanded. From an order, denying a motion for judgment against all defendants…
1Opinion of the CourtLewis, J.
It appears from the record that in 1898 a contract for the construction of a creamery at Barnum, Minnesota, was circulated for signatures.; the parties subscribing thereto agreeing to pay to E. S. Gibbs $3,200, by note, when the creamery was completed. It is claimed that about forty merchants and farmers residing in the vicinity of Barnum signed the contract, and that, in connection with it, practically the same persons executed a promissory note for $3,200, payable to the order of Mr. Gibbs on or before two years, with interest at seven per cent., running from the date of the completion of…
2Cases cited1 opinion
- First National Bank v. HolanSupreme Court of Minnesota · 1896
3Cited by4 opinions
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- Burns v. CarlawSupreme Court of Minnesota · 1922
- Stoneman v. Washburn-Crosby Co.Supreme Court of Minnesota · 1922
- Woost v. HerbergerSupreme Court of Minnesota · 1938