Wood v. Pacific Surety Co.
Supreme Court of Minnesota
Action in the district court for Kamsey county to recover $5,500, the full penalty of a bond given plaintiff to protect him against mechanics’ liens. The Pacific Surety Company of California, one of the defendants, demurred. Prom an order, Brill, J., overruling the demurrer to the complaint, it appealed.
1Opinion of the CourtBunn, J.
This action was brought to recover from defendant surety company on a mechanic’s lien bond given to plaintiff as mortgagee. A demurrer to the complaint was overruled, and defendant appealed.
The complaint states the following facts: One Waldon was erecting a building on land in St. Paul owned by him. There was a first mortgage on the property for $9,000 to the Minnesota Mutual Life Insurance Company. The land was worth $5,000, and the building, when finished, would make the total value of the property $23,000. On June 4, 1908, Waldon applied .to plaintiff for a loan of $5,500 to be secured by…
2Cases cited3 opinions
- American Building & Loan Ass'n v. WaleenSupreme Court of Minnesota · 1892
- Security Bank v. HolmesSupreme Court of Minnesota · 1896
- American Building & Loan Ass'n v. StonemanSupreme Court of Minnesota · 1893
3Cited by7 opinions
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- State v. ZacherSupreme Court of Minnesota · 1993
- Townsend v. JahrSupreme Court of Minnesota · 1920
- Kooda Bros. Construction, Inc. v. United Federal Savings & Loan Ass'n of AlexandriaCourt of Appeals of Minnesota · 1987
- Business Women's Holding Co. v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1935
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