Hungerford v. O'Brien
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Otter Tail county upon a promissory note made by the defendant Charles J. Sawbridge, the payment of which was guarantied by the defendant O’Brien. The action was tried before Baxter, J., and a jury, and a verdict directed for plaintiff. Defendant O’Brien appeals from an order refusing a new trial. cited Nelson v. Munch, 28 Minn. 314; Hummel v. Beardsley, 31 Minn. 314; Newcomb v. Raynor, 21 Wend. 108, (34 Am.
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The plaintiff brought this action in the district court for Otter Tail county upon a promissory note made by the defendant Charles J. Sawbridge, the payment of which was guarantied by the defendant O’Brien. The action was tried before Baxter, J., and a jury, and a verdict directed for plaintiff. Defendant O’Brien appeals from an order refusing a new trial. cited Nelson v. Munch, 28 Minn. 314; Hummel v. Beardsley, 31 Minn. 314; Newcomb v. Raynor, 21 Wend. 108, (34 Am. Dec. 219;) Lynch v. Reynolds, 16 John. 41; Claridge v. Dalton, 4 M. & S. 226, 232; English v. Darley, 2 Bos. & P. 61; Smith v.…
1Opinion of the Court
Dickinson, J.1
'*Tbe defendant Sawbridge made his negotiable promissory note, which was indorsed to one Gage, who indorsed it in blank ■to the defendant O’Brien, and he, before maturity, transferred it for value to the plaintiff, indorsing upon the note and signing this guaranty : “Eor value, I hereby guaranty the payment of the within note to Cassie Hungerford or bearer.” The note was not paid. Nothing was done by the plaintiff at the maturity of the note to fix the liability of the indorser Gage. The defendant O’Brien had no notice of the non-payment of the note until more than a year after…
2Cases cited8 opinions
- Brown v. . CurtissNew York Court of Appeals · 1849
- Allen v. RightmereNew York Supreme Court · 1823
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Philbrooks v. McEwenIndiana Supreme Court · 1868
- Newcomb v. . HaleNew York Court of Appeals · 1882
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3Cited by25 opinions
- Fegley v. JenningsSupreme Court of Florida · 1902
- Noble v. Beeman-Spaulding-Woodward Co.Oregon Supreme Court · 1913
- Roberts v. HawkinsMichigan Supreme Court · 1888
- Delsman v. FriedlanderOregon Supreme Court · 1901
- First National Bank v. SchirmerSupreme Court of Minnesota · 1916
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