Long v. Conn

• Decision Date: 22 October 1920
• Docket Number: No. 21923.,21923.
• Citation: 179 N.W. 644,147 Minn. 77
• Parties: LONG v. CONN.
• Court: Minnesota Supreme Court

147 Minn. 77

179 N.W. 644

LONG

v.CONN.

No. 21923.

Supreme Court of Minnesota.

Oct. 22, 1920.

Appeal from District Court, Big Stone County; S. A. Flaherty, Judge.

Action by K. R. Long against J. J. Conn, as executor of the estate of R. A. Graves. Judgment for defendant. From an order denying a motion for a new trial, plaintiff appeals. Affirmed.

Syllabus by the Court

It is a general rule of evidence that, where the testimony tends in any reasonable degree to establish the probability or improbability of the fact at issue, it should go to the jury.

In an action to recover upon a promissory note, where the answer alleges want of consideration as a defense, evidence considered, and held sufficient to warrant the submission of that issue to the jury.

The presumption is that a promissory note is a valid obligation, based upon a good and legal consideration, and the burden of showing that there was a want of consideration rests upon the defendant.Murphy & Anderson, of Wheaton, for appellant.

Ray G. Farrington and Charles E. Chrisman, both of Ortonville, for respondent.

QUINN, J.

Action to recover the amount of a promissory note for $1,000 from the estate of R. A. Graves, deceased. The note bears date April 10, 1914, payable to K. R. Long, or order, on demand, for value received, with interest at 7 per cent. per annum, payable annually. It purports to have been signed by decedent, R. A. Graves. The answer denies that Graves ever signed or executed the note, and, as a further defense thereto, alleges want of consideration.

The evidence shows, as a trial court instructed the jury, that the signature to the note was that of decedent, R. A. Graves. It also shows that, prior to coming to Minnesota in 1902, Graves resided in the state of Iowa with his family; that upon arriving in Minnesota he settled at Ortonville, in Big Stone county, where he resided until the time of his death in February, 1916. The appellant married one of Graves' daughters in Iowa, and they came to Minnesota in 1903, and settled upon her farm, about 10 miles from Ortonville, where they resided until her death in 1913, after which he moved to Ortonville and lived with the Graves family. Five months after the death of Mr. Graves, appellant filed the note in question against his estate. It was disallowed by the probate court. An appeal was taken to the district court, where a verdict was directed in favor of appellant. Upon motion a new trial was granted, an appeal taken to this court, and the order granting a new trial affirmed. 142 Minn. 502, 172 N. W. 958. A second trial was thereafter had in the district court, and a verdict returned against the appellant. From an order denying his motion for a new trial this appeal was taken.

[1] The history of this case leading up to the alleged execution of the note in question comes very largely from appellant's own story. Upon the last trial he testified in substance that at the time of the execution of the note he and his daughter were living in the Graves home at Ortonville; that Mr. and Mrs. Graves, his daughter, and he were all present in the dining room when Mr. Graves asked him for a loan of $1,000, to which he assented; that Graves then procured a blank note, which appellant filled out for $1,000, and Graves signed it in the presence of his wife and their granddaughter, Gladys; that appellant then gave him $1,000 in currency, consisting of 7 $100 bills, 10 $20 bills, and 10 $10 bills, which he had saved up during the 6 or 7 years prior thereto, and received the note in return therefor. He testified upon cross-examination that he worked for the $1,000, saved it up in about 5 years, during which time he carried deposits in two different banks, but did not deposit the $1,000 in any bank; that he kept it in the trunk in his house on the farm; that he deposited money in the trunk at least once each year, and that he put most of the money there in 1911 and 1912; that there were mortgages on the farm; that he frequently borrowed money in the banks to pay his bills; that he had a sale in the fall of 1913, and disposed of all his personal property; that during the time he lived with his father-in-law he kept the $1,000 in his bedroom, or in his hip pocket; and that he got the $100 bills at the banks, but could not remember particularly any cashier who ever handed him such a bill. He further testified that in December, 1913, he made a trip to Minneapolis, from there went to Mason City, Chicago, Elgin, to his old home at Leaf River, and to Polo, Ill., visiting relatives, and returned home in March, 1914, during all of which time he carried the $1,000 in his hip pocket; that shortly after he returned Mr. Graves asked him for the money; that he asked him for it three or four times, before ...