Joannin v. Ogilvie
Supreme Court of Minnesota
Appeal by plaintiffs, George Joannin and Christian 0. Hansen, rom a judgment of the District Court of St. Louis county, Stearns, ., entered February 10, 1891. This action was brought upon a note for $497, and interest, dated May 1, 1891, payable to plaintiff’s order fifteen days thereafter. It was made by defendant David Ogilvie, and indorsed for his accommodation by F. H. Barnard, the other defendant.
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Appeal by plaintiffs, George Joannin and Christian 0. Hansen, rom a judgment of the District Court of St. Louis county, Stearns, ., entered February 10, 1891. This action was brought upon a note for $497, and interest, dated May 1, 1891, payable to plaintiff’s order fifteen days thereafter. It was made by defendant David Ogilvie, and indorsed for his accommodation by F. H. Barnard, the other defendant. The note was given for the debt of Ogilvie, and he delivered to plaintiffs, as security for its payment, thirty shares of the capital stock of the Northwestern Investment Company, worth $300,…
1Opinion of the CourtMitchell, J.
The findings in this case are so specific as to constitute a sufficient statement of the facts, and an examination of the record satisfies us that, on all material points, they are fully justified by the evidence.
That plaintiff’s claim of a lien on the land of the defendant OgiLda_ was wholly unfounded^ is conceded. Merriman v. Jones, 43 Minn. 29, (44 N. W. Rep. 526.) Therefore"the only question is whether the payment of the claim was voluntary, or whether it was made under such^compulsion or constraint thatjtjs to be deemed in ljiw involuntary, so that tlie~Tmmey"may be recovered backl^J
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2Cases cited16 opinions
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- Brumagim v. TillinghastCalifornia Supreme Court · 1861
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