Oswald v. Pillsbury
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the municipal court of Minneapolis, Holt, J., sustaining a demurrer to the complaint. Co-tenants are liable for contribution. Van Brunt v. Gordon, 53 Minn. 227, 51 N. W. 1118. The claim was not a contingent claim. Jemison v. Blowers, 5 Barb. 686; In re Martin’s Estate, 56 Minn. 120, 57 N. W. 1065; Bullard v. Moor, 158 Mass. 118, 33 N. E. 928; Corn-stock v. Matthew's, 55 Minn.
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Appeal by plaintiffs from an order of the municipal court of Minneapolis, Holt, J., sustaining a demurrer to the complaint. Co-tenants are liable for contribution. Van Brunt v. Gordon, 53 Minn. 227, 51 N. W. 1118. The claim was not a contingent claim. Jemison v. Blowers, 5 Barb. 686; In re Martin’s Estate, 56 Minn. 120, 57 N. W. 1065; Bullard v. Moor, 158 Mass. 118, 33 N. E. 928; Corn-stock v. Matthew's, 55 Minn. Ill, 56 N. W. 583. The administrator of a deceased surety may be called on for contribution. Bachelder v. Fisk, 17 Mass. 161; Johnson v. Harvey, 81 N. Y. 363; Sibley v. Mc-Allaster,…
1Opinion of the CourtBuck, J.
The plaintiffs and one Fred C. Pillsbury, on April 3, 1892, took a lease of William W. Hayward and wife of certain real estate for the term of 11 years from April 1, 1892, in which they covenanted and agreed to pay a certain rent, pay all taxes and assessments, and keep the buildings on the premises insured. Fred C. Pillsbury died, intestate, on May 15, 1892; and on June 13, 1892, George A. Pillsbury was appointed his administrator by the probate court of Hennepin county, which court, on the last-named day, made an order limiting the time for creditors to present claims for examination and…
2Cases cited4 opinions
- Hantzch v. MassoltSupreme Court of Minnesota · 1895
- Comstock v. MatthewsSupreme Court of Minnesota · 1893
- Berkey v. JuddSupreme Court of Minnesota · 1881
- Van Brunt v. GordonSupreme Court of Minnesota · 1893
3Cited by13 opinions
- Macdonald v. FraterWashington Supreme Court · 1902
- In Re Estate of KoffelSupreme Court of Minnesota · 1928
- Schunk v. HotchkissSupreme Court of Minnesota · 1950
- O'Brien v. LienSupreme Court of Minnesota · 1924
- Johnson v. LarsonNorth Dakota Supreme Court · 1927
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