Cummings v. Thompson
Supreme Court of Minnesota
The complaint in this action, which was brought in the district court for Winona county, alleged substantially that defendant being indebted to one G. Ensign,' executed his promissory note to him for $200; that Ensign sold, transferred and delivered the note, before maturity, to the firm of Grant & Lalor, for value, who also, for value, sold and transferred the note to plaintiff before maturity.
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The complaint in this action, which was brought in the district court for Winona county, alleged substantially that defendant being indebted to one G. Ensign,' executed his promissory note to him for $200; that Ensign sold, transferred and delivered the note, before maturity, to the firm of Grant & Lalor, for value, who also, for value, sold and transferred the note to plaintiff before maturity. The defence was, that the note was obtained from defendant by the payee, through fraud, and without any consideration, and that the several assignees had notice thereof. The entire answer appears in…
1Opinion of the Court
By the Court.
McMillan, J.
In an action upon a promissory note, the general >rule is that the possession of the note regularly transferred to the plaintiff, is prima facie evidence of ownership in him, and that he is a holder for a-valuable consideration ; nor is he required, to give any other evidence of such facts until the defendant has shown that the note was never delivered by him, or was obtained from him, or some intermediate party, through some undue means, as by fraud, felony, duress, or the like. 2 Greenl. Ev., § 172 ; Story on Prom. Notes, § 196.
“But when negotiable paper has been…
2Cases cited2 opinions
- Beltzhoover v. BlackstockSupreme Court of Pennsylvania · 1834
- Beeson v. HutchisonSupreme Court of Pennsylvania · 1835
3Cited by12 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
- Hansen v. City of Saint PaulSupreme Court of Minnesota · 1974
- McDowell v. Village of PrestonSupreme Court of Minnesota · 1908
- Landauer v. Sioux Falls Imp. Co.South Dakota Supreme Court · 1897
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