Peterson v. Homan
Supreme Court of Minnesota
Appeal by defendant Homan (impleaded with Ellis J. Woolf) from an order of the district court for Hennepin county, refusing a new trial after a trial by Hooker, J., (a jury being waived,) and judgment for $850 ordered for plaintiff.
1Opinion of the Court
Gileillan, C, J.
Action on a guaranty of payment of a note expressed to be “for value received,” and signed by defendant “J. S. Homan, trustee for Samuel De Haven.” The answer alleged that there was no consideration for the guaranty, and that it was signed upon the express agreement that defendant should not be personally liable on it, but that he should be liable only as trustee of De Haven, under a deed of trust described in the answer. The reply alleges that the guaranty was executed in consideration that plaintiff released his right to a mechanic’s lien on real estate in which defendant…
2Cases cited3 opinions
- Deering v. ThomSupreme Court of Minnesota · 1882
- Dewey v. LeonardSupreme Court of Minnesota · 1869
- Williams v. McGradeSupreme Court of Minnesota · 1868
3Cited by9 opinions
- Brunswick-Balke Collender Co. v. BoutellSupreme Court of Minnesota · 1890
- Janes v. Citizens BankSupreme Court of Oklahoma · 1900
- Lake Investors Development Group, Inc. v. Egidi Development GroupCourt of Appeals for the Seventh Circuit · 1983
- Souhegan National Bank v. BoardmanSupreme Court of Minnesota · 1891
- Cockrell v. WilliamsMissouri Court of Appeals · 1915
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