Westman v. Krumweide
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Le Sueur county, Macdonald, J., presiding, refusing a new trial.
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Appeal by plaintiff from an order of the district court for Le Sueur county, Macdonald, J., presiding, refusing a new trial. The case is stated in the opinion. cited Bank of Hal-lowell v. Baker, 1 Minn. 205, (261;) McGomb v. Thompson, 2 Minn. 114, (139;) Levering v. Washington, 3 Minn. 227, (323;) McGlane v. White, 5 Minn. 139, (178;) Huey v. Pinney, 5 Minn. 246, (310;) Walters v. Armstrong, 5 Minn. 364, (448;) Borup v. Nininger, 5 Minn. 417, (523;) Kern v. Von Phul, 7 Minn. 341, (426;) Peckham v. Gil-man, 7 Minn. 355, (446;) First Nat. Bank y. Nat. Marine Bank, 26 Minn. 49, (63;) Barnard v.…
1Opinion of the CourtGilfillan, C. J.
Action on a note to be paid in chattels, made by defendants Krumweide and Heil, payable to plaintiff. On its face the note is complete, there being nothing to indicate that any one else was to sign it, or that it was not to take effect as to both makers immediately on delivery. The defendant Heil alleges as a defence, in substance, that he signed the note as surety; that, at the time of signing, it was agreed between him and plaintiff that the latter should procure to it the signature of one Gehring as a surety, and, unless Gehring signed, it should be null as to Heil; and that the note was…
2Cases cited7 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Butler v. SmithMississippi Supreme Court · 1858
- Watkins v. BowersMassachusetts Supreme Judicial Court · 1876
- Faunce v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1869
- Henshaw v. DuttonSupreme Court of Missouri · 1875
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3Cited by33 opinions
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Minneapolis Threshing Machine Co. v. DavisSupreme Court of Minnesota · 1889
- Merchants' Exchange Bank v. LuckowSupreme Court of Minnesota · 1887
- Hamilton v. BoyceSupreme Court of Minnesota · 1951
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