47 Minn. 357 | Minn. | 1891
Action on a promissory note of defendant, payable to plaintiff. To the complaint the defendant interposed an answer setting forth a defence and a counterclaim. The plaintiff demurred to each, and the defendant appeals from an order sustaining the demurrer. The demurrer to the defence specifies, as demurred to, only a part of the matter set forth as a defence, which is not permissible. It ought to have been to the whole defence, and because it was not it ought to have been overruled. Taking the entire defence together, it is good. It amounts to this: That the plaintiff wrote the note, fraudulently represented to defendant that it was payable to one John Marquart, to whom it may be assumed defendant was indebted, and the defendant, not being able to read English, relied upon such representation of plaintiff, and therefore signed the note, believing it to be payable to Marquart. By the fraud of plaintiff, defendant was induced to sign a note that he did
Order reversed.