33 Minn. 53 | Minn. | 1885
Action on a note not negotiable, for $300, payable to Johan Johnson. The only question in the case is on the charge of the court to the effect that there was no-evidence in the case to establish an estoppel. Plaintiff claimed that defendants were es-topped to deny the validity of the note. The only evidence on which the claim is made established only these facts: May 3, 1883, the defendants executed and delivered the note to Johnson. A few days after, he, discovering it to be non-negotiable, brought it back, and requested them to give him instead a negotiable note. This they did, and he surrendered the first note to Boehm, who put it on the safe in his store. It was afterwards stolen, but under what circumstances
Order affirmed.