Sheldon v. Butler
Supreme Court of Minnesota
This action was brought in the district court for Meeker county. The complaint set out that during the year 1873 the defendants, Chauneey Butler and William M. Campbell, were copartners together, doing business as general dealers in agricultural implements, under the firm name of Butler & Campbell, and that the plaintiff was the general agent for Nichols, Shepard & Co. for the sale of their threshing machines in the state of Minnesota; that on June 15, 1873, the plaintiff…
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This action was brought in the district court for Meeker county. The complaint set out that during the year 1873 the defendants, Chauneey Butler and William M. Campbell, were copartners together, doing business as general dealers in agricultural implements, under the firm name of Butler & Campbell, and that the plaintiff was the general agent for Nichols, Shepard & Co. for the sale of their threshing machines in the state of Minnesota; that on June 15, 1873, the plaintiff appointed the defendants his sub-agents, for the sale of the said threshing machines, in the counties of Meeker and…
1Opinion of the CourtCornell, J.
It is objected that under the statute of frauds (Gen. St. c. 41, title 2, § 6, subd. 2,) the contracts of guaranty sued on are void because no consideration is therein expressed. Upon the facts stated in the complaint the guaranty of the defendants as to each note, although in form an undertaking to answer for the debt or default of another, was not such, in fact, within the meaning of the statute. It had its root in a transaction and written agreement between them and the plaintiff, in which the makers of the notes had no interest, but which concerned the plaintiff and the defendants alone.…
2Cases cited9 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Farley v. ClevelandNew York Supreme Court · 1825
- Brown v. . CurtissNew York Court of Appeals · 1849
- Cardell v. . McNielNew York Court of Appeals · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- D. M. Osborne & Co. v. BakerSupreme Court of Minnesota · 1885
- Conrad v. ClarkeSupreme Court of Minnesota · 1909
- Crane v. WheelerSupreme Court of Minnesota · 1892
- Bean v. LampreySupreme Court of Minnesota · 1901
- Wilson v. HentgesSupreme Court of Minnesota · 1882
1 more not listed; retrieve them via the Exa API.