Third National Bank v. Armstrong

• Decision Date: 13 March 1879
• Citation: 25 Minn. 530
• Parties: THIRD NATIONAL BANK OF SYRACUSE, NEW YORK, <I>vs.</I> DANIEL ARMSTRONG.
• Court: Minnesota Supreme Court

25 Minn. 530

THIRD NATIONAL BANK OF SYRACUSE, NEW YORK, vs. DANIEL ARMSTRONG.

Supreme Court of Minnesota.

March 13, 1879.

The plaintiff, a corporation, sued the defendant in the late court of common pleas of Ramsey county, upon the following instrument:

                "$43.33.                       St. Paul, July 31, 1873
                

"On or before December 1, 1875, for value received in one Williams combined reaper, I promise to pay to the order of the Williams Mower & Reaper Co., with current exchange on New York city, at the First National Bank in St. Paul, forty-three 33-100 dollars, with interest at twelve per cent. from date until paid, but if paid at or before maturity, seven per cent. per annum.

"This note to become due upon the removal of the maker, notwithstanding the above period of payment has not expired. The sale and purchase of said Williams combined reaper, the property for which this note is given, are upon the express condition that the title and ownership of said property shall remain in the said the Williams Mower & Reaper Co., and shall not pass to any one, by or through me, until this note and interest are paid in full; and the delivery thereof at this time is subject to the same condition. The said the Williams Mower & Reaper Co. shall, in the meantime, have the right to take possession of said property, wherever it may be found, at any time they may deem themselves insecure, even before the maturity of this note; and if not paid when due, I will pay five per cent. extra cost for collection.

                                                        "Daniel Armstrong."
                

A jury was waived, and the action tried before Brill, J., who found that in January, 1875, the instrument was, for a valuable consideration, sold and endorsed and delivered by the Williams Mower & Reaper Company to the plaintiff; that the consideration for the instrument was a combined reaper and mower sold and delivered by the company to the defendant, at the time it was given, and on the conditions therein mentioned; that at the time of the sale, and to induce the defendant to purchase, the company warranted and represented to the defendant that the machine was a good and perfect machine and would do good work, both as a reaper and mower, on defendant's farm in Washington county, and the defendant accepted and purchased it, relying on such representation and warranty; that the machine was not a good or perfect machine, and could not be used as a reaper, and could not be made to do good work as a...