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)

Counsel

E. St. thilien Cox and W. S. Cox, for appellant., Rogers, Haclley & Selines, for respondent.

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Elmquist v. Markoe

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4 later published cases cite this decision.

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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 September 30, 2026. Source: CourtListener bulk data.