Schmidt v. McKenzie

Julius J. Olson, Justice.

Plaintiff appeals from a judgment entered pursuant to an order granting defendant Westerman’s motion “for judgment of dismissal on the merits” of plaintiff’s cause upon the pleadings.

His complaint alleges that on November 29, 1939, Engesser Brewing Company borrowed $10,000 from him and on that date executed its corporate note, of which the following is a copy:

“St. Peter, Minn. November 29, 1939

“One year after date, for value received, I promise to pay to the order of Edward A. Schmidt

“Payable at the First National Bank of St. Peter, St. Peter, Minnesota,

“Ten thousand…