P. P. Mast & Co. v. Matthews
Supreme Court of Minnesota
Appeal by plaintiff (a corporation) from a judgment of the municipal court of Stillwater,'where the action was tried by the court.
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Appeal by plaintiff (a corporation) from a judgment of the municipal court of Stillwater,'where the action was tried by the court. The instrument in suit, referred to in the opinion, was as follows, viz.: “$35,00. Waeeen, March 19th, 1878. “On or before tbe 1st day of December, 1879, for value received in one Buckeye Drill No. —, I promise to pay S. L. Sheldon, or order, thirty-five dollars, at tbe Lumberman’s National Bank, in Stillwater, with interest at tbe rate of 7 per cent, per annum if paid when due, and 7 percent, per annum if not paid when due, from date until paid. I also agree to…
1Opinion of the CourtBerry, J.
This is an action upon an instrument similar in general character to that considered in Third Nat. Bank v. Armstrong, 25 Minn. 530. See, also, Jones v. Radatz, 27 Minn. 240; Stevens v. Johnson, 28 Minn. 172. From the reasoning of the court in the first of these cases, it appears that it is not a promissory note, because the sum which it promises to pay is not payable absolutely and at all events. It is made payable to S. L. Sheldon or order, by whom it purports to have been assigned to the plaintiff, by writing indorsed upon it. The 'assignment is denied in the answer. No evidence having been…
2Cases cited3 opinions
- Jones v. RadatzSupreme Court of Minnesota · 1880
- Third National Bank v. ArmstrongSupreme Court of Minnesota · 1879
- Stevens v. JohnsonSupreme Court of Minnesota · 1881
3Cited by8 opinions
- Bausman v. Credit Guarantee Co.Supreme Court of Minnesota · 1891
- Lundgren v. Union Indemnity Co.Supreme Court of Minnesota · 1927
- Solway State Bank v. School District No. 26Supreme Court of Minnesota · 1927
- Lydiard v. ChuteSupreme Court of Minnesota · 1891
- McCormick Harvesting Machine Co. v. DoucetteSupreme Court of Minnesota · 1895
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