Legal Opinion

Milliken and Co. v. Eagle Packaging Co.

Supreme Court of Minnesota

Decided July 3, 1980No. 50352PublishedCited by 50 opinions

1Opinion of the Court

WAHL, Justice.

Plaintiff Milliken and Company (hereinafter, Milliken) brought this action on a debt owed by defendant Eagle Packaging Company, Inc. (hereinafter, Eagle) and personally guaranteed by defendants Fred Schwenk and Dorn Sticha. Defendants Eagle and Schwenk failed to answer the complaint, and default judgment was entered against them. The Hennepin County District Court found that defendant Sticha had orally revoked his written personal guaranty and entered judgment in his favor. Plaintiff appeals, arguing that Sticha’s personal guaranty expressly requiring written notice of…

2Cases cited14 opinions

  1. Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
  2. Combined Insurance Co. of America v. BodeSupreme Court of Minnesota · 1956
  3. Chemical Bank v. WassermanNew York Court of Appeals · 1975
  4. Bonura v. Christiana Bros. Poultry Co. of Gretna, Inc.Louisiana Court of Appeal · 1976
  5. Midland National Bank v. Security Elevator Co.Supreme Court of Minnesota · 1924

9 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Modern Computer Systems, Inc. v. Modern Banking Systems, Inc. Modern Banking Systems of Southern WisconsinCourt of Appeals for the Eighth Circuit · 1989
  2. Carlock v. Pillsbury Co.District Court, D. Minnesota · 1989
  3. Medtronic, Inc., a Minnesota Corporation v. S. Todd Gibbons, an IndividualCourt of Appeals for the Eighth Circuit · 1982
  4. Holiday Inns Franchising, Inc. v. BranstadSupreme Court of Iowa · 1995
  5. Schwan's Sales Enterprises, Inc. v. Sig Pack, Inc., Doboy DivisionCourt of Appeals for the Eighth Circuit · 2007

45 more not listed; retrieve them via the Exa API.

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