Blitz ex rel. Erickson v. Metzger

The opinion of the court was delivered by

Harvey, J.:

Leave was given to file another motion for rehearing, and it is urged that the court overlooked material findings of fact and misapplied the law applicable if those facts were considered. Finding of fact number 10 is to the effect that after Mrs. Erickson paid the judgment in the action brought against her by the bank, Mr. Blitz, recognizing his obligation to reimburse Mrs. Erickson, who, as his surety, had paid his debt to the bank, gave her a note, due in six months, for the amount she had paid; that this note was not paid when due, and…