Holm v. Sandberg
Supreme Court of Minnesota
Action upon a promissory note by the payee against the maker, brought in the district court for Hennepin county. The action was tried before Young, J., and a jury, and plaintiff had a verdict. The defendant appeals from an order refusing a new trial. The court charged the jury that the note was given upon a sufficient consideration. This was error.
Read the full summary
Action upon a promissory note by the payee against the maker, brought in the district court for Hennepin county. The action was tried before Young, J., and a jury, and plaintiff had a verdict. The defendant appeals from an order refusing a new trial. The court charged the jury that the note was given upon a sufficient consideration. This was error. Cook v. Bradley, 7 Conn. 57; Mills v. Wyman, 3 Pick. 207; Smith v. Ware, 13 John. 257; Ingraham v. Gilbert, 20 Barb. 151; 1 Parsons on Contracts, 434. There was no express agreement on the part of plaintiff to release Mrs. Sandberg from the debt,…
1Opinion of the Court
Berry, J.1
Want of consideration is the principal defence to the note in suit. Plaintiff advanced to the woman who subsequently became the wife of defendant (Sandberg) $90, the price of her passage *428ticket from the old country, and, after ber marriage to him, Sandberg gave his note for the price of the ticket. If plaintiff took the note in satisfaction of Mrs. Sandberg’s indebtedness to him, the satisfaction was a “harm” to plaintiff furnishing a consideration for the note, and the contract evidenced by the note would be not collateral, but original, and therefore not within the statute of…
2Cases cited2 opinions
- Mattice v. LitcherdingSupreme Court of Minnesota · 1869
- Evans v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1883
3Cited by7 opinions
- Lyons v. City of Red WingSupreme Court of Minnesota · 1899
- Isgrig v. Franklin National BankIndiana Court of Appeals · 1913
- The Marckel Co. v. RavenSupreme Court of Minnesota · 1932
- D. M. Osborne & Co. v. DohertySupreme Court of Minnesota · 1888
- Lipsmeier v. VehslageU.S. Circuit Court for the District of Eastern Missouri · 1886
2 more not listed; retrieve them via the Exa API.