Laurel v. State National Bank
Supreme Court of Minnesota
This action was brought in the district court for Hennepin county to recover the amount ($700) of a certificate of deposit issued by defendant April 15, 1876, payable to the order of plaintiff, but which on June 14, 1876, the defendant, without plaintiff’s knowledge or consent, paid to plaintiff’s then husband, Charles Laurel, on presentation and surrender of the eertificate, without her endorsement.
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This action was brought in the district court for Hennepin county to recover the amount ($700) of a certificate of deposit issued by defendant April 15, 1876, payable to the order of plaintiff, but which on June 14, 1876, the defendant, without plaintiff’s knowledge or consent, paid to plaintiff’s then husband, Charles Laurel, on presentation and surrender of the eertificate, without her endorsement. At the trial before Young, J., the principal question was upon the ownership of the money. The plaintiff testified that it was part of the proceeds of the sale of her husband’s homestead, and…
1Opinion of the CourtCornell, J.
In its general charge, the court instructed the jury, among other things, as follows: “The plaintiff starts in this action with the certificate of deposit. It is admitted that this certificate of deposit upon which she sues, dated April 15, 1876, was payable to her order. This constitutes a valid contract between the bank and herself, and having proved that, she establishes a prima-facie ease, — a prima-facie title as between herself and the bank.” To this portion of the charge defendant excepted generally, without specifying the particular ground upon which it was taken. It is now urged that…
2Cited by2 opinions
- Territory of Dakota v. KeyesSupreme Court Of The Territory Of Dakota · 1888
- Young v. HarrisSupreme Court Of The Territory Of Dakota · 1887