Leonard v. Swanson
Supreme Court of Minnesota
Appeal by Hank N. Anderson, one of the defendants, from a judgment of the District Court of Hennepin County, Robert D. Russell, J., entered February 19, 1894, against him upon his guaranty of payment of a note to plaintiff, Emily F. Leonard, for $1,000 and interest made by Peter Swanson, the other defendant.
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Appeal by Hank N. Anderson, one of the defendants, from a judgment of the District Court of Hennepin County, Robert D. Russell, J., entered February 19, 1894, against him upon his guaranty of payment of a note to plaintiff, Emily F. Leonard, for $1,000 and interest made by Peter Swanson, the other defendant. Appeal also by Anderson from another judgment of the same court entered at the same time upon his guaranty of another note for $500 and interest, also made by Swanson, but held by Frank Koenig.
1Opinion of the CourtMitchell, J.
These actions were brought on two promissory notes executed by defendant Swanson, payable to the order of the respective plaintiffs, payment of which was guarantied by defendant Anderson. The undisputed facts are that at the date of the execution of the notes Swanson, to secure their payment, executed to the plaintiffs a mortgage on certain real estate. The premises were subsequently sold by Swanson, and finally passed to one Donlon, each conveyance being subject to plaintiffs’ mortgage, but none of the grantees assuming its payment.
Some ten months after the maturity of the notes, there being…
2Cases cited3 opinions
- Knoblauch v. FoglesongSupreme Court of Minnesota · 1887
- Tharalson v. WymanSupreme Court of Minnesota · 1894
- Barton v. MooreSupreme Court of Minnesota · 1890
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