Third National Bank v. Armstrong
Supreme Court of Minnesota
The plaintiff, a corporation, sued the defendant in the late court of common pleas of Bamsey county, upon the following instrument: “$43.33. St. Paul, July 31, 1873. “On or before December 1,1875, for value received in one Williams combined reaper, I promise to pay to the order of the Williams Mower & Eeaper Co., with current exchange on New York city, at the First National Bank in St. Paul, forty-three 33-100 dollars, with interest at twelve per cent, from date until paid,…
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The plaintiff, a corporation, sued the defendant in the late court of common pleas of Bamsey county, upon the following instrument: “$43.33. St. Paul, July 31, 1873. “On or before December 1,1875, for value received in one Williams combined reaper, I promise to pay to the order of the Williams Mower & Eeaper Co., with current exchange on New York city, at the First National Bank in St. Paul, forty-three 33-100 dollars, with interest at twelve per cent, from date until paid, but if paid at or before maturity, seven per •cent, per annum. “This note to become due upon the removal of the maker,…
1Opinion of the CourtCornell, J.
The promise upon which a recovery is sought-in this action, as upon a negotiable promissory note, forms but a part of the written instrument which was made and executed by the defendant as an entirety. In determining, the character and legal effect of such promise, regard must be had to the whole instrument and all its provisions, and not to the facts alone that the promise was put in the form of a negotiable promissory note, payable to order, and was-designated as a note in the instrument. Thus considered, it is obvious that the defendant’s obligation was not such an independent, absolute…
2Cited by20 opinions
- Minneapolis Harvester Works v. HallySupreme Court of Minnesota · 1881
- Deering v. ThomSupreme Court of Minnesota · 1882
- Keystone Manufacturing Co. v. CasselliusSupreme Court of Minnesota · 1898
- Killam v. SchoepsSupreme Court of Kansas · 1881
- Hegeler v. ComstockSouth Dakota Supreme Court · 1890
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