Gardner v. McClure
Supreme Court of Minnesota
APPEAL FROM TI-IE DISTRICT COURT OE NICOLLET COUNTY. The complaint of the Plaintiff shows that the Defendant, William W. Pell, on the first day of September, A. D. 1857, executed to him the said Plaintiff, for a good and valuable consideration, a certain Promissory Note, of which the following is a copy : “ St. Petee, Sept. 1st, 1857. “ $100.00. Ninety days after date I promise to pay to the order of J. R. Gardner, one hundred dollars, value received, with use at 4 per cent…
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APPEAL FROM TI-IE DISTRICT COURT OE NICOLLET COUNTY. The complaint of the Plaintiff shows that the Defendant, William W. Pell, on the first day of September, A. D. 1857, executed to him the said Plaintiff, for a good and valuable consideration, a certain Promissory Note, of which the following is a copy : “ St. Petee, Sept. 1st, 1857. “ $100.00. Ninety days after date I promise to pay to the order of J. R. Gardner, one hundred dollars, value received, with use at 4 per cent per month until paid. “W. W. PELL.” That on the day of the date of the execution of the said note, the said Defendant…
1Opinion of the Court
By the Court
— Flandrau, J.
— The English statute of frauds and perjuries enacted as follows : That no “action shall be brought upon any contract or sale of lands, tenements or hereditaments, or of any interest in or concerning them, unless the agreement upon which.such action shall be brought, or memorandum or note thereof, be in writing and signed,” &c. It was customary for parties borrowing money, to secure the creditor by depositing with him the title deeds of land. Sometimes these deposits were accompanied with a written memorandum stating the purpose for which they were made, and…
2Cited by6 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Higgins v. MansonCalifornia Supreme Court · 1899
- Assignment of Snyder v. CarpenterSupreme Court of Iowa · 1908
- Ringling v. Smith River Development Co.Montana Supreme Court · 1914
- Andrews v. WynnSouth Dakota Supreme Court · 1893
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