American Building & Loan Ass'n v. Stoneman
Supreme Court of Minnesota
Appeal by defendant, A. B. Latham, from an order of the District Court of Hennepin County, Wvi. Lochren, J., sustaining a. demurrer to his answer.
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Appeal by defendant, A. B. Latham, from an order of the District Court of Hennepin County, Wvi. Lochren, J., sustaining a. demurrer to his answer. He and Orville A. Stoneman executed a bond to the plaintiff, the American Building & Loan Association, similar to those described in Pioneer Savings é L. Co. v. Bartsch, 51 Minn. 474, and American B. é L. Ass'n v. Waleen, 52 Minn. 23* Judgment v as obtained upon mechanics’ liens as in the first of these cases, and the plaintiff had foreclosed its mortgage and bid in the property for the full amount due, as in the second.
1Opinion of the CourtMitchell, J.
This was an action upon a bond in all respects substantially the same as those recently considered by this court in Pioneer Savings & L. Co. v. Bartsch, 51 Minn. 474, (53 N. W. Rep. 764,) and in American B. & L. Ass’n v. Waleen, 52 Minn. 23, (53 N. W. Rep. 867.) This appeal is from an order sustaining a demurrer to the answer of defendant Latham, who was one of the sureties on the bond. Under the familiar rule that a demurrer reaches back to the first defective pleading, this demurrer should have been overruled, for the reason that the complaint does not state a cause of action. It has been…
2Cases cited3 opinions
- Pioneer Savings & Loan Co. v. BartschSupreme Court of Minnesota · 1892
- American Building & Loan Ass'n v. WaleenSupreme Court of Minnesota · 1892
- Gallagher v. Germania Brewing Co.Supreme Court of Minnesota · 1893
3Cited by6 opinions
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Sletten v. First National BankNorth Dakota Supreme Court · 1917
- Wood v. Pacific Surety Co.Supreme Court of Minnesota · 1912
- Pioneer Savings & Loan Co. v. FreeburgSupreme Court of Minnesota · 1894
- Stammers v. LarsonSupreme Court of Minnesota · 1919
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