Harrison v. Morrison
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Morrison county, Baxter, J., presiding, sustaining a demurrer to the answer in an action on promissory notes.
1Opinion of the CourtMitchell, J.
The proposed defence is that when the promissory notes in suit were executed, there was an oral agreement, annexed as a condition to their payment, that if the defendant should be forced to make an assignment for the benefit of his creditors, under chapter 148, Laws 1881, (which he was,) the plaintiffs should file their claims on the notes with the assignee, as provided by the statute, and execute and file with the clerk of the court a full release to *320the defendant of all claims, other than such as might be paid by the-assignee under the provisions of the statute. This is clearly…
2Cases cited3 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Healy v. YoungSupreme Court of Minnesota · 1875
3Cited by9 opinions
- Samuel H. Chute Co. v. LattaSupreme Court of Minnesota · 1913
- Security National Bank of Minneapolis v. PulverSupreme Court of Minnesota · 1915
- Merchants National Bank v. BryngelsonSupreme Court of Minnesota · 1924
- Burton v. PlatterCourt of Appeals for the Eighth Circuit · 1893
- National German American Bank v. LangNorth Dakota Supreme Court · 1891
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