Erickson v. Revere Elevator Co.
Supreme Court of Minnesota
Action in the district court for Redwood county to recover $3,161.45, which plaintiff had been compelled to pay upon a promissory note which he had signed as surety for defendant. The substance of the complaint and of the defense is given in the opinion.
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Action in the district court for Redwood county to recover $3,161.45, which plaintiff had been compelled to pay upon a promissory note which he had signed as surety for defendant. The substance of the complaint and of the defense is given in the opinion. From an order, Olsen, J., sustaining plaintiff’s demurrer to the defense set up in the answer on the ground it did not state facts sufficient to constitute a defense, and sustaining plaintiff’s demurrer to the counterclaim on the ground it did not state facts sufficient to constitute a counterclaim, defendant appealed.
1Opinion of the CourtO’Brien, J.
According to the complaint, on September 14, 19.03, defendant de*444livered to Minnesota Grain Company its promissory note for $6,000, payable on or before one year from date. Plaintiff signed tbe note as a surety, and on March 11, 1909, was compelled to pay a balance of $3,161.45, remaining unpaid, and brought this action to recover that amount. Defendant served an answer containing general and special denials, and alleging as a separate defense that on May 21,. 1907, N. H. Dahl, H. IP. Dahl, A. O. Anderson, C. 0. Nichols, E. L. Nelson, and the plaintiff were owners of the entire capital stock…
2Cases cited4 opinions
- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Becker v. NorthwaySupreme Court of Minnesota · 1890
- Gallagher v. Germania Brewing Co.Supreme Court of Minnesota · 1893
- State v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1910
3Cited by5 opinions
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Wortman v. GriffMontana Supreme Court · 1982
- State Ex Rel. Monarch Fire Insurance v. HolmesMontana Supreme Court · 1942
- In re the Estate of RichmanNew York Surrogate's Court · 1931
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1961