Nichols, Shepard & Co. v. Allen
Supreme Court of Minnesota
The plaintiff (a corporation) alleges in its complaint that on August 22, 1872, one Eobbins made and delivered to defendant his two promissory notes, secured by areal estate mortgage of the same date, which notes were payable to defendant’s order on or before January 1, 1874, andón or before January 1,1875, respectively; that on March 31,1873, the defendant, for value, sold and assigned the notes and mortgage to plaintiff by the following endorsement on each of them: “Notice…
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The plaintiff (a corporation) alleges in its complaint that on August 22, 1872, one Eobbins made and delivered to defendant his two promissory notes, secured by areal estate mortgage of the same date, which notes were payable to defendant’s order on or before January 1, 1874, andón or before January 1,1875, respectively; that on March 31,1873, the defendant, for value, sold and assigned the notes and mortgage to plaintiff by the following endorsement on each of them: “Notice and protest waived. I guarantee the collection of the within note. Wm. Allen;” that the note first due not being paid…
1Opinion of the CourtCornell, J.
By a fair construction of the complaint in this case the contract of guaranty sued on was founded on a new and original consideration between the guarantor and guarantee, and is, therefore, not within the statute of frauds, which requires the consideration of every agreement to answer for the debt or default of another to be expressed in writing. Leonard v. Vredenburgh, 8 John. 29 ; Mallory v. Gillett, 21 N. Y. 412.
The contract sought to be enforced against the defendant is one whereby he guaranteed the collection of a certain note given by one Robbins; in other words, he undertook and…
2Cases cited2 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
3Cited by7 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
- Sheldon v. ButlerSupreme Court of Minnesota · 1878
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