45 Minn. 98 | Minn. | 1890
The defence in this case is based entirely upon the mistaken idea that the promissory note upon which the action is brought, was accommodation paper — that is, executed without any consideration, for the accommodation of the payee, Schnittger. The undisputed facts are that Schnittger had contracted to sell certain real estate to one Abbott, the terms of the agreement being that, upon the execution of the deed, Abbott was, for part of the purchase-money, to execute to Schnittger a note secured by a mortgage on the premises. The business on behalf of Abbott was transacted by defendant as his'agent. When the time arrived for the performance of the contract, Abbott was in California; and, to avoid the trouble
Order affirmed.