Elmquist v. Markoe
Cited by
- First National Bank v. Olson 74 N.W.2d 123 Minn. 1955
- Liberty State Bank v. Metropolitan Church Ass'n 191 N.W. 414 Minn. 1923
- Steinbach v. Brant 82 N.W. 651 Minn. 1900
Authorities cited
Identified automatically; this list may not be exhaustive.
- Frank v. Irgens 27 Minn. 43
Opinion text
Mitchell, J. Both parties have argued this case upon the assumption that the question was whether the instrument declared on :is a promissory note. It is wholly immaterial whether it is or is not. .If it is not, it is still a good contract. Upon its face it purports to •have been executed for value received. Whether or not the allega-tion in the pleading that it was executed “for value received” would, • of itself, be a sufficient allegation of a consideration, it is well settled -that if an instrument, purporting on its face to be for value received, be set forth according to its terms, the recital in the instrument is .a sufficient allegation of a consideration. Frank v. Irgens, 27 Minn. 43 , ( 6 N. W. Rep. 380 .) See Kean v. Mitchell, 13 Mich. 207, 211 . The complaint stated a good cause of action, and the demurrer was -properly overruled. Order affirmed. Rote. A motion for reargument of this ease was denied January 3,1889.