Minnesota Supreme Court, 1888

Elmquist v. Markoe

Elmquist v. Markoe
Minnesota Supreme Court · Decided December 10, 1888 · Mitchell
39 Minn. 494; 40 N.W. 825; 1888 Minn. LEXIS 173 (Minnesota Reports)

Elmquist v. Markoe

Opinion of the Court

Mitchell, J.

Both 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.

Order affirmed.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.