Miller v. Osterlund
Supreme Court of Minnesota
Two actions in the municipal court of Brainerd to recover $127.50 on a promissory note. The cases were tried together before McClenahan, J., who granted plaintiff’s motion for a directed verdict for $284.95. From the judgment entered pursuant to the verdict, defendant appealed.
1Opinion of the CourtHallam, J.
This is an action on a promissory note executed and delivered by defendant to the Guardian Food Company and indorsed by the Guardian Food Company to plaintiff. Defendant answered, alleging that the note was procured by fraud, and that plaintiff had knowledge of the fraud at the time of the indorsement of the note. On the trial, the court sustained an objection to the introduction of any evidence under the answer on the ground that it failed to state a defense, and directed a verdict for plaintiff. From the judgment entered, defendant appeals.
The answer alleged, among other things, that the…
2Cases cited9 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Kerr v. ShurtleffMassachusetts Supreme Judicial Court · 1914
- First National Bank v. SchirmerSupreme Court of Minnesota · 1916
- Myers v. LoweryCalifornia Court of Appeal · 1920
- Prince v. OverholserWisconsin Supreme Court · 1890
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3Cited by14 opinions
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- Hoyt Properties, Inc. v. Production Resource Group, L.L.C.Supreme Court of Minnesota · 2007
- Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
- Lyon Financial Services, Incor v. Illinois Paper and Copier CompCourt of Appeals for the Seventh Circuit · 2013
- Peterson v. YacktmanAppellate Court of Illinois · 1960
9 more not listed; retrieve them via the Exa API.