Second National Bank v. Howe
Supreme Court of Minnesota
Action on a promissory note for $4,000, signed by defendants, payable to the order of Clarence M. McLain, and by him indorsed. Defence that the defendants were mere accommodation makers, and the fraudulent representations of plaintiff’s vice-president stated in the opinion. Trial in the district court for Bamsey county, before Baxter, J., (acting for a judge of the 2d district,) who directed a verdict for plaintiff. The defendants appeal from an order refusing a new trial.
1Opinion of the CourtCollins, J.
The plaintiff in this action is a corporation engaged in the banking business in the city of St. Paul, while the defendants are dealing in dry goods at the same place. The testimony which we are required to consider tends to establish that the note upon which the action is brought was given the evening before its date, as accommodation paper, to one McLain, to be discounted by him at the plaintiff bank the next day; that it was signed in the firm name by William Howe, one of the defendants, without the knowledge or consent of James Howe, his partner; that, upon being informed of the…
2Cases cited2 opinions
- Macy v. KendallSupreme Court of Missouri · 1862
- Tufts v. ShepherdSupreme Judicial Court of Maine · 1860
3Cited by13 opinions
- State Bank of Morton v. AdamsSupreme Court of Minnesota · 1919
- Fox v. CortnerTennessee Supreme Court · 1921
- Grisim v. Live Stock State BankSupreme Court of Minnesota · 1926
- National Citizens Bank v. BowenSupreme Court of Minnesota · 1910
- Brady v. CobbsCourt of Appeals of Texas · 1919
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