Little v. Simonds
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, sustaining plaintiff’s demurrer to the second and third defences in the answer.
1Opinion of the CourtVanderburgh, J.
This action is brought upon a promissory note made to plaintiff by Little, Simonds & Co., for $5,550. The question to be determined is the sufficiency of the second and third defences set up in the answer.
The second defence fails to state facts sufficient to constitute a payment of the note. It appears that the defendant, Simonds, is the surviving partner of the firm of Little, Simonds & Co., which was composed of the defendant, Simonds, and one Daniel E. Little, now *381deceased, who was the husband of the plaintiff. It is also alleged that in his lifetime he caused to be transferred and…
2Cases cited1 opinion
- Wilcox v. ComstockSupreme Court of Minnesota · 1887
3Cited by3 opinions
- Lambertson v. WestermanSupreme Court of Minnesota · 1937
- Apelt v. MelinSupreme Court of Minnesota · 1917
- Baremore v. Selover, Bates & Co.Supreme Court of Minnesota · 1907