Legal Opinion

Singer Manuf'g Co. v. Potts

Supreme Court of Minnesota

Decided November 28, 1894No. 9036PublishedCited by 11 opinions

Appeal by defendants, T. E. Potts and Charles L. George, from a judgment of the District Court of Sherburne County, L. L. Baxter, J., entered May 3, 1894, against them for $541.90. On March 9, 1891, defendant, T. E. Potts, was and for a long time had been agent for the plaintiff, the Singer Manufacturing Company, selling its sewing machines at Milaca and vicinity and collecting-pay therefor.

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Appeal by defendants, T. E. Potts and Charles L. George, from a judgment of the District Court of Sherburne County, L. L. Baxter, J., entered May 3, 1894, against them for $541.90. On March 9, 1891, defendant, T. E. Potts, was and for a long time had been agent for the plaintiff, the Singer Manufacturing Company, selling its sewing machines at Milaca and vicinity and collecting-pay therefor. On that day he had a settlement with plaintiff and was found indebted to it $374.02. He gave it his four nonnegotiable notes for the amount, one for $74.02 and the others for $100 each. The notes bore…

1Opinion of the CourtCanty, J.

This is an appeal by the defendants from a judgment against them on the pleadings. The action is brought on several non-negotiable notes or contracts for the payment of money, against the defendant Potts, as maker, and the defendant George, as guarantor of the payment of the same.

The answer of each admits the making and guaranty of the instruments, and alleges that plaintiff and Potts had a settlement and an accounting, and, in consideration that he assented to the amount of the notes being due plaintiff, plaintiff orally agreed that the defendants should have the collection of divers claims…

2Cases cited1 opinion

  1. Palmer v. DeganSupreme Court of Minnesota · 1894

3Cited by11 opinions

  1. Erickson v. Minnesota & Ontario Power Co.Supreme Court of Minnesota · 1916
  2. Germania Bank of Minneapolis v. OsborneSupreme Court of Minnesota · 1900
  3. Merchants National Bank v. BryngelsonSupreme Court of Minnesota · 1924
  4. Milan Bank v. RichmondSupreme Court of Missouri · 1911
  5. Lee v. DunbarDistrict of Columbia Court of Appeals · 1944

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