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39 Minn. 494

Elmquist v. Markoe

Supreme Court of Minnesota

Decided December 10, 1888

Supreme Court of Minnesota · decided 1888-12-10

Appeal by defendant Wm. F. Markoe from an order of the district .court for Ramsey county, Brill, J., presiding, overruling his demurrer to the complaint. The complaint alleged that on October 1, 1883, ■the defendant made and delivered to one Frederick W. Benson his . certain promissory note, set out as follows: “ $2,000.

Relies on Frank v. Irgens · Kean v. Mitchell

Good law ✅— No negative treatment on recordhow we know

Decided 1888-12-10

How this case has been cited

Cited by 4 later decisions — most recently August 1962

1 district · 3 state decisions

10188818901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mitchell, J.

¶1Both 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.

¶2Order affirmed.

¶3Rote. A motion for reargument of this ease was denied January 3,1889.

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