Wheaton v. Wheeler
Supreme Court of Minnesota
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
- Allis v. WareSupreme Court of Minnesota · 1881
- St. Paul Trust Co. v. St. Paul Chamber of CommerceSupreme Court of Minnesota · 1896
- Leithauser v. BaumeisterSupreme Court of Minnesota · 1891
- Campion v. WhitneySupreme Court of Minnesota · 1883
- Farmers Mer. Nat. Bk. of Cannon Falls v. DoffingSupreme Court of Minnesota · 1927