Frank v. Irgens
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Mower county, against the defendant as maker of the following instrument, not set forth in the complaint, but described therein as a promissory note, and alleged to have been “duly transferred to plaintiffs, who are now the owners and holders thereof:” “$400. Lyle, Minn., April 1, 1878. “On or before the 1st day of April, 1879, for value received, I promise to pay to Th.
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Plaintiffs brought this action in the district court for Mower county, against the defendant as maker of the following instrument, not set forth in the complaint, but described therein as a promissory note, and alleged to have been “duly transferred to plaintiffs, who are now the owners and holders thereof:” “$400. Lyle, Minn., April 1, 1878. “On or before the 1st day of April, 1879, for value received, I promise to pay to Th. Irgens, or order, four hundred dollars, with interest at the rate of 12 per cent, per annum, payable annually. “Should any of the interest not be paid when due, it…
1Opinion of the CourtGilfillan, C. J.
The motion to dismiss the action, for *45insufficiency of the complaint, was not made until the instrument described as the basis of the cause of action had been introduced in evidence, without objection. This, if the contract itself be valid on its face, cured the defect, if there was any, alleged against the complaint, that it did not sufficiently state a consideration for the promise sued on.
It is immaterial whether the instrument is or is not a promissory note. If it does not bear that character, it is still good as an ordinary contract. It contains a promise to pay, and admits “value…
2Cited by11 opinions
- Finegan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1938
- Daniel v. Snowdoun Ass'nMississippi Supreme Court · 1987
- First National Bank v. OlsonSupreme Court of Minnesota · 1955
- Steinbach v. BrantSupreme Court of Minnesota · 1900
- Elmquist v. MarkoeSupreme Court of Minnesota · 1888
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