National Life & Trust Co. v. Gifford
Supreme Court of Minnesota
Appeal by defendant from an order of the municipal court of Minneapolis, Dickinson*. J., overruling a demurrer to the complaint.
1Opinion of the CourtCollins, J.
The court below overruled a general demurrer to the complaint in an action brought upon a promissory note executed and delivered by defendant, and made payable to the order of Mooney & Squyer. The plaintiff, a foreign corporation, failed to allege title to the note, unless the allegations in the complaint that “Mooney & Squyer indorsed the same without recourse,” and that plaintiff “is the owiier and holder thereof,” were sufficient for that purpose.
The drafting of a complaint in an action upon a promissory note is an exceedingly simple thing to do, and it is surprising that an insufficient…
2Cases cited2 opinions
- G. Heileman Brewing Co. v. PeimeislSupreme Court of Minnesota · 1901
- Topping v. ClaySupreme Court of Minnesota · 1895
3Cited by2 opinions
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910
- Welsh v. First National BankSupreme Court of Minnesota · 1908