West v. St. Paul National Bank
Supreme Court of Minnesota
Appeal by defendant, the St. Paul National Bank, from an order of the District Court of Bamsey County, J. J. Egan, J., made March 25, 1893, denying its motion for a new trial. The plaintiff, Sarah E. West, owned a note for $1,150 made by Herman Onken and indorsed by Robert McMenemy and secured by a mortgage on a lot in St. Paul. Two years before the maturity of the note she left it with the defendant, she says, for safe-keeping and collection.
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Appeal by defendant, the St. Paul National Bank, from an order of the District Court of Bamsey County, J. J. Egan, J., made March 25, 1893, denying its motion for a new trial. The plaintiff, Sarah E. West, owned a note for $1,150 made by Herman Onken and indorsed by Robert McMenemy and secured by a mortgage on a lot in St. Paul. Two years before the maturity of the note she left it with the defendant, she says, for safe-keeping and collection. The maker paid interest to August 24, 1890. The note fell due on August 24, Í891, but was not paid or protested or notice of nonpayment given the…
1Opinion of the CourtDickinson, J.
The plaintiff was the holder of a promissory note for $1,150, executed by one Onken to one McMenemy, and by the latter sold and indorsed to the plaintiff before maturity. It was secured by a mortgage of real estate. Long before the maturity of the note the plaintiff delivered it to the defendant bank for collection, as we must now consider the fact to have been. When the note matured, in. August, 1891, the bank did not protest for nonpayment; and for want of notice the indorser, who was solvent, wras discharged. In June, 1892, the plaintiff foreclosed her mortgage by advertisement, she being…
2Cases cited7 opinions
- Angell v. RosenburyMichigan Supreme Court · 1864
- Nininger v. KnoxSupreme Court of Minnesota · 1863
- Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
- Burr v. WillsonSupreme Court of Minnesota · 1875
- Borup v. NiningerSupreme Court of Minnesota · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ellis v. StateWisconsin Supreme Court · 1909
- Fort Dearborn National Bank of Chicago v. Security Bank of RenvilleSupreme Court of Minnesota · 1902
- Citizens National Bank v. Third National BankIndiana Court of Appeals · 1898
- First Bank of Maysville v. AlexanderSupreme Court of Oklahoma · 1915
- Farmers' Savings Bank v. JamesonSupreme Court of Iowa · 1916