Tiedt v. Johnson
Supreme Court of Minnesota
Action in tbe district court for Marshall county to recover $750 on a promissory note. Defendant set up a counterclaim for $500 and offered judgment for tbe balance. Tbe case was tried before Grinde-Iand, J., who at tbe close of tbe testimony denied plaintiff’s motion for an instructed verdict in bis favor, and a jury wbicb returned a verdict for $337.37. From an order denying bis motion for judgment notwithstanding tbe verdict or ifor a new trial, plaintiff appealed.
1DissentBrown, C. J.
The decision rendered will expose all negotiable instruments as well as other written contracts, full and complete on their face and free from ambiguity, to defeat by evidence of some contemporaneous parol agreement negativing or limiting the liability expressed and declared in the writing. In my view of the facts here presented, there being no fraud or claim of fraud, no rights asserted under a collateral contract of warranty, nor failure of consideration or claim of conditional delivery of the note, the question involved is controlled by the rule applied in Harrison v. Morrison, 39 Minn.…
2Cases cited9 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Samuel H. Chute Co. v. LattaSupreme Court of Minnesota · 1913
- Security National Bank of Minneapolis v. PulverSupreme Court of Minnesota · 1915
- Sayre v. BurdickSupreme Court of Minnesota · 1891
- Graham v. SavageSupreme Court of Minnesota · 1910
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