Owsley v. Greenwood
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Good-hue county, to recover the amount due upon a promissory note made by the defendant.
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Plaintiff brought this action in the district court for Good-hue county, to recover the amount due upon a promissory note made by the defendant. The answer alleged in substance, among other things, that the note was procured by one Ha.ckney, (the payee mentioned therein) by fraud and deceit, and that defendant never received any consideration therefor, and that plaintiff, to whom the note was transferred after maturity, had notice of such fraud and deceit and want of consideration. Upon the trial of the action a verdict was rendered for the plaintiff. Defendant moved for a new trial, which…
1Opinion of the Court
By the Court.
Berry, J.
This is an action upon a promissory note. The answer sets up want of consideration. A verdict having been rendered in favor of the plaintiff, defendant moved for a new trial, on general grounds of errors in law, and because the verdict is contrary to law and evidence. The new trial was granted, though for what reason or upon what ground does not appear. We are unable to discover any upon which it should have been granted.
I. Defendant claims that it was properly granted, because the note, the reception of which in evidence was objected to, was unstamped. Without stopping…
2Cases cited3 opinions
- Smith v. JordanSupreme Court of Minnesota · 1868
- Cabbott v. RadfordSupreme Court of Minnesota · 1871
- Thayer v. BarneySupreme Court of Minnesota · 1867
3Cited by14 opinions
- Visina v. FreemanSupreme Court of Minnesota · 1958
- In Re Petition of S. R. A., Inc.Supreme Court of Minnesota · 1942
- Cooke v. IversonSupreme Court of Minnesota · 1909
- State ex rel. Wheeler v. FoleySupreme Court of Minnesota · 1883
- Minnesota Housing Finance Agency v. HatfieldSupreme Court of Minnesota · 1973
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