Stevens v. Johnson

• Decision Date: 27 July 1881
• Citation: 28 Minn. 172
• Parties: WILLIAM H. STEVENS <I>vs.</I> ANDREW P. JOHNSON.
• Court: Minnesota Supreme Court

28 Minn. 172

WILLIAM H. STEVENS vs. ANDREW P. JOHNSON.

Supreme Court of Minnesota.

July 27, 1881.

Plaintiff brought this action in the district court for Sibley county, on the two instruments described in the opinion, which had been sold and endorsed to him by the payees, before maturity. The defendant in his answer alleged a breach of the warranty accompanying the sale of the machines for the price of which these instruments were given, and damages from such breach in excess of the amount due on the instruments sued on, but he did not ask any affirmative relief. At the trial, before Macdonald, J., the jury, under direction of the court, returned a verdict for the plaintiff for the amount of the instruments and interest. A new trial was refused, and the defendant appealed.

John Lind, for appellant.

S. & O. Kipp, for respondent.

BERRY, J.

This action is brought upon two like written instruments, of which the following is one:

"EXHIBIT A.

                "$38.00.                         NEW ULM, MINN., April 1, 1873
                

"On or before the first day of June, 1876, for value received in a Minnesota Seeder, I promise to pay to Thompson & Duncan, or order, thirty-eight dollars, payable at the ______ in New Ulm, with interest at 10 per cent. per annum, payable annually, from date until paid; and in addition I will pay five dollars attorney's fees if the note is collected by suit. For the purpose of obtaining credit, I certify that I own in my own name 80 acres of land, with 40 acres improved, in the town of Lafayette, county of Nicollet, state of Minnesota, worth $1,500 above encumbrance. I also own $400 personal property over and above all indebtedness. The express condition of the sale and purchase of said seeder, No. 3096, is such that the title, ownership, and right to possession does not pass from Thompson & Duncan until this note and interest is paid in full; and the said Thompson & Duncan have full power to declare this note due and take possession of said seeder, No. 3096, at any time they may deem themselves insecure, even before maturity of said note.

                                                        his
                  "P. O. New Ulm, Minn.       ANDREW P. X JOHNSON. [Seal.]
                                                        mark
                  "J. M. THOMPSON, Witness."
                

So far as their general characteristics are concerned, these instruments are substantially the same as that examined by this court in Third Nat. Bank v. Armstrong, 25 Minn. 530, except that they are under seal, which is not here important. For the reasons assigned in the opinion filed in that case, they were not negotiable...