Riley v. Mankato Loan & Trust Co.
Supreme Court of Minnesota
Action in the district court for Blue Earth county, against the representative of the estate of Bridget Riley, deceased, to recover $791.80 upon a promissory note. In its answer defendant alleged that it appeared upon the face of the note that more than six years had elapsed since the note fell due and pleaded the statute of limitations, and also alleged that the note was fully paid.
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Action in the district court for Blue Earth county, against the representative of the estate of Bridget Riley, deceased, to recover $791.80 upon a promissory note. In its answer defendant alleged that it appeared upon the face of the note that more than six years had elapsed since the note fell due and pleaded the statute of limitations, and also alleged that the note was fully paid. The case was tried before Comstock, J., and a jury which returned a verdict for the amount demanded. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
In 1893 Patrick Riley and August Zempel were partners. They owed D. M. Osborne & Company $600, which they were unable to pay. They gave a note for the amount, dated January 3, 1893, due in one year, signed by Bridget Riley, Patrick’s mother, John Riley, a brother of Patrick and husband of plaintiff, and also by others. Through several mesne indorsements plaintiff became the indorsee of the note and is vested with the legal title to it. The family of Zempel paid half the note. In 1912 Bridget Riley died, and on June 29, 1914, plaintiff presented the unpaid half of this note as a claim against…
2Cases cited3 opinions
- Tyner v. VarienSupreme Court of Minnesota · 1906
- Young v. PerkinsSupreme Court of Minnesota · 1882
- Ferrier v. McCabeSupreme Court of Minnesota · 1915
3Cited by6 opinions
- Boyum v. JohnsonCourt of Appeals for the Eighth Circuit · 1942
- In Re Fergus Falls Woolen Mills Co.District Court, D. Minnesota · 1941
- Moe v. ShafferSupreme Court of Minnesota · 1921
- MacIntyre v. AlbersSupreme Court of Minnesota · 1928
- Beckos v. ScholleSupreme Court of Minnesota · 1952
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