Marquette National Bank of Minneapolis v. Mullin

Julius J. Olson, Justice.

Plaintiff appeals from an order sustaining defendant Mullin’s amended demurrer to its complaint.

The following facts are alleged in the complaint as amplified by further facts stipulated by counsel and approved by the court as within the cause: On January 30, 1929, one Henry J. Mullin borrowed $600 from plaintiff and executed a note due 60 days thereafter with interest at seven per cent. As security for its payment he also executed and delivered an assignment of all his “right, title, and interest as residuary legatee to the extent of” the amount of the note and…