48 Minn. 539 | Minn. | 1892
The defendants, being indebted to the plaintiff, executed to him their promissory note for the payment of a specified sum of money on or before a designated date, and secured the same by two chattel mortgages. In this action the plaintiff seeks to recover the mortgaged property on the ground of default in respect to payment. The defenses of payment and usury were interposed. The jury returned a general verdict for the defendants. Unless there was prejudicial error in the rulings of the court, the verdict should be allowed to end the controversy, for, as we consider, the evidence was sufficient to support it. The case does not show a payment of the note, unless the value of certain farm produce and some other items are to be applied in payment. The mere fact of the delivery of chattels or the performance of services by the debtor, and acceptance by the creditor, would not constitute a payment of the note, but would be merely matter of set-off or counterclaim; for the note was payable in money, and the law could not treat such matters of set-off as in themselves constituting a payment, the contract of the parties being opposed to this. Nor could the legal effect of the written obligation be varied by proof of a contemporaneous oral agreement that the note should be discharged in any other manner than by the payment of money according to its terms. The plaintiff contends that these legal propositions were disregarded by the court in overruling objections to certain testimony bearing upon the question whether the matters to which we have referred were applicable in payment of the note. Evidence was received tending to show an agreement that these items should be applied on this note, and, if such was the fact, it would go to support the plea of payment.
Most of the evidence relating to the agreement was received without objection, but one exception is noted which may be treated as being sufficient to present the question whether testimony should
Order affirmed.
(Opinion published 51 N. W. Rep. 604.)