Wells v. Gieseke
Supreme Court of Minnesota
Action by plaintiff, in tbe district court for Brown county, to have a judgment by confession, and a levy under execution thereon, in favor of defendant Gieseke against the defendant Albert Behnke and one Henry Behnke, as partners, set aside and declared void as against a subsequent attachment, judgment and levy under execution, in favor of plaintiff against said Albert Behnke, as surviving partner.
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Action by plaintiff, in tbe district court for Brown county, to have a judgment by confession, and a levy under execution thereon, in favor of defendant Gieseke against the defendant Albert Behnke and one Henry Behnke, as partners, set aside and declared void as against a subsequent attachment, judgment and levy under execution, in favor of plaintiff against said Albert Behnke, as surviving partner. The complaint alleged, and the facts as found by the court show, that the confession of judgment was filed with the clerk of the court, and endorsement of judgment made thereon by him, on February…
1Opinion of the CourtGilfillan, C. J.
On February 4, 1879, Henry and Albert Behnke were partners at New Ulm. On that day they made, signed and verified a statement for confession of judgment in favor of the defendant Gieseke for the amount of $8,-101.88. The statement specified three items of indebtedness, two of them being promissory notes of the Behnkes to Gieseke, each of which notes is fully described, and is stated to have been for a full and valuable consideration, the nature and description of which, however, is not stated. The third item is that the Behnkes and Gieseke — he as surety only— executed to one Boss a…
2Cases cited1 opinion
- Mitchell v. . Van BurenNew York Court of Appeals · 1863
3Cited by11 opinions
- Atwater v. Manchester Savings BankSupreme Court of Minnesota · 1891
- Coolbaugh v. RoemerSupreme Court of Minnesota · 1883
- Barber v. BriscoeMontana Supreme Court · 1890
- Hunter v. Cleveland Co-operative Stove Co.Supreme Court of Minnesota · 1884
- Puget Sound National Bank v. LevyWashington Supreme Court · 1895
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