Legal Opinion

Wheaton v. Wheeler

Supreme Court of Minnesota

Decided March 28, 1881PublishedCited by 5 opinions

Appeal by plaintiffs from a judgment rendered by the district court for Hennepin county, after a trial by Young, J., without a jury.

1Opinion of the CourtGilfillan, C. J.

Action against the sureties in a bond executed under Gen. St. 1878, c. 90, §§ 3, 4, relating to liens of mechanics and material-men. Plaintiff’s claim was for materials furnished. The defences were — First, payment of the claim by the principal debtor; second, an extension of the time for payment, by agreement between the plaintiffs and the principal debtor without the consent of the sureties, whereby they were discharged.

The facts as found were: That on August 12,, 1878, while plaintiffs were delivering the material, they drew upon the principal debtor, Montgomery, and he accepted,' a bill…

2Cited by5 opinions

  1. Allis v. WareSupreme Court of Minnesota · 1881
  2. St. Paul Trust Co. v. St. Paul Chamber of CommerceSupreme Court of Minnesota · 1896
  3. Leithauser v. BaumeisterSupreme Court of Minnesota · 1891
  4. Campion v. WhitneySupreme Court of Minnesota · 1883
  5. Farmers Mer. Nat. Bk. of Cannon Falls v. DoffingSupreme Court of Minnesota · 1927

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