Germania Bank v. Michaud
Supreme Court of Minnesota
Action in the district court for Ramsey county against Achille Michaud, Eleanora Langevin, Emma Flanagan and Mary E. Michaud. A separate answer was interposed by the first named defendant. The other defendants interposed a joint and several answer. From an order, Kelly, J., sustaining demurrers to the answers, defendants jointly and severally appealed. Reversed as to Achille Michaud.
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Action in the district court for Ramsey county against Achille Michaud, Eleanora Langevin, Emma Flanagan and Mary E. Michaud. A separate answer was interposed by the first named defendant. The other defendants interposed a joint and several answer. From an order, Kelly, J., sustaining demurrers to the answers, defendants jointly and severally appealed. Reversed as to Achille Michaud. Plaintiff knew the want of authority of defendant administrator to make the note, and there was at best a mutual mistake of law. Michael v. Jones, 84 Mo. 578. The form of the note shows that he assumed no…
1Opinion of the CourtCanty, J.
The plaintiff, as payee, brings this action against the ■defendants, as makers of the following note: “$36,000.00. St. Paul, Minn., May 6th, 1892. Sixty days, without grace, after date the estate of E. Langevin or either of us promise to pay to the order of Germania Bank of St. Paul thirty-six thousand dollars, with interest thereon, at the rate of 8 per cent, per annum from date until paid, for value received. Payable at the Germania Bank of St. Paul. The Estate of E. Langevin, by Achille Michaud, Administrator.” It is alleged that the defendants Eleanora Langevin, Emma Flanagan, and Mary E.…
2Cases cited20 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Austin v. . MunroNew York Court of Appeals · 1872
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Schmittler v. . SimonNew York Court of Appeals · 1886
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3Cited by8 opinions
- A. L. Goetzmann Co. v. GazettSupreme Court of Minnesota · 1927
- Lovenskiold v. Nueces Hotel Co.Court of Appeals of Texas · 1919
- Matthews v. MiresSupreme Court of Minnesota · 1916
- Painter v. KaiserNevada Supreme Court · 1904
- Trust Co. v. BreamSupreme Court of New Jersey · 1933
3 more not listed; retrieve them via the Exa API.