Barnard v. Gaslin
Supreme Court of Minnesota
Action on a promissory note, made by the defendant W. A. Stanchfield to the order of defendant Gaslin, and by him endorsed. Answer, (by defendant Gaslin,) a general denial. At the trial in the court of common pleas of Hennepin county, before Young, J., (a jury being Avaivcd,) the following findings of fact Avere made by the court.
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Action on a promissory note, made by the defendant W. A. Stanchfield to the order of defendant Gaslin, and by him endorsed. Answer, (by defendant Gaslin,) a general denial. At the trial in the court of common pleas of Hennepin county, before Young, J., (a jury being Avaivcd,) the following findings of fact Avere made by the court. Prior to June 8, 1873, the plaintiff lent to defendant Stanchfield $2,000, upon the agreement that Stanchfield should furnish the defendant Gaslin as security. Pursuant to this agreement Stanchfield made his note for $2,000, payable to the order of Gaslin, who wrote…
1Opinion of the CourtGilfillan, C. J.
The defendant Gaslin, who had endorsed a note payable to his order, and which was delivered to the plaintiff, is attempted to be held upon the note, notwithstanding failure to seiwe him with notice of non-payment, by oral testimony that the actual contract between the jiarties was other than that of endorser and endorsee. No fraud or mistake, such as to avoid the endorsement, or justify a reformation of the written contract, is alleged. The case comes within the rule laid down in Levering v. Washington, 3 Minn. 323 ; Kern v. Von Phul, 7 Minn. 426; First National Bank v. National Marine Bank,…
2Cases cited3 opinions
- Kern v. Von Phul, Waters & Co.Supreme Court of Minnesota · 1862
- First National Bank of St. Paul v. National Marine Bank of St. PaulSupreme Court of Minnesota · 1873
- Levering & Morton v. WashingtonSupreme Court of Minnesota · 1859
3Cited by7 opinions
- Farwell v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- Holmes v. First National BankNebraska Supreme Court · 1893
- Coon v. PrudenSupreme Court of Minnesota · 1878
- Burwell v. GaylordSupreme Court of Minnesota · 1912
- People's Bank v. RockwoodSupreme Court of Minnesota · 1894
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