Rosenstein v. Berman
Supreme Court of Minnesota
Action in the municipal court of Minneapolis against D. J. Gill-man and M. Berman to recover $35 upon a check. The reply was a general denial. The case was tried before Charles L. Smith, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff. Erom the judgment entered pursuant to the verdict, defendant Berman appealed.
1Opinion of the CourtBrown, J.
The facts in this case are that on March 31, 1911, defendant Berman issued and delivered to defendant Gillman his negotiable check upon the Central State Bank of Minneapolis for the sum of $35. On the following day Gillman indorsed and transferred the *232check to plaintiff. The drawee bank, when subsequently presented, refused to pay the check; payment thereof having been stopped by Berman. Plaintiff then brought this action to recover upon the check. The defense interposed by Berman was, in substance and effect, that the consideration for the check had failed; that the check was delivered to…
2Cases cited2 opinions
- Estes v. Lovering Shoe Co.Supreme Court of Minnesota · 1894
- Merchants & Mechanics Savings Bank v. CrossSupreme Court of Minnesota · 1896
3Cited by2 opinions
- Kipp v. WelshSupreme Court of Minnesota · 1918
- Burghart v. SauseleSupreme Court of Minnesota · 1926