Minnesota Supreme Court, 1887

National Bank of Battle Creek v. Mallan

Minnesota Supreme Court · Decided November 7, 1887 · Gilfillan

37 Minn. 404; 34 N.W. 901; 1887 Minn. LEXIS 151 (Minnesota Reports)

Counsel

J. C. McClure, for appellants., W. C. Williston, for respondent.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1939, among the opinions in this site’s citation index.

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Cases that cite this one

5 later published cases cite this decision.

In re Kimler (Cal. 1951)
Northwestern National Bank & Trust Co. v. Hawkins (Minn. 1939)
National City Bank v. Zimmer Vacuum Renovator Co. (Minn. 1916)
Gumaer v. Sowers (Colo. 1903)
In re Begerow (Cal. 1902)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gilfillan, C. J.

Action on two promissory notes made by defendants, each payable to the order of “Nichols, Shepard & Co., an incorporated company,” and each indorsed: “Protest waived. Nichols, Shepard & Co.” On their being offered in evidence with the in-dorsements, by the plaintiff at the trial, defendants objected to the indorsements being received, on the ground that no sufficient foundation was laid to authorize their admission in evidence. To sustain this objection, the proposition is made here that the indorsements were not admissible except on proof that they were made by some officer or agent of the corporation having authority to make them. The point is covered by the provisions of Gen. St. 1878, c. 73, § 89, *405to the effect that “the possession of the note or bill is prima facie evidence that the same was indorsed by the person by whom it purports to be indorsed.” This applies as well to an indorsement by a corporation as by a natural person. These notes purport to be indorsed by the corporation, and plaintiff’s possession of the notes establishes prima facie that the indorsements are its genuine indorse-ments, — establishes prima facie the fact that they are in the genuine handwriting of some officer or person having authority to make them, for without that fact they were not made by the corporation. The case comes within the decision in First Nat. Bank v. Loyhed, 28 Minn. 396, (10 N. W. Rep. 421.)

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.