Farrell v. Fabel
Supreme Court of Minnesota
Appeal by defendant Fabel from an order of the district court for Bamsey county, Brill, -L, presiding, refusing a new trial after verdict of $840 directed for plaintiff.
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Appeal by defendant Fabel from an order of the district court for Bamsey county, Brill, -L, presiding, refusing a new trial after verdict of $840 directed for plaintiff. The bond sued on recites the pend-ency of an action between Michael B. Farrell, as plaintiff, and Patrick O’Dea as defendant, in the district court for Bamsey county, having for its object the proper distribution between the parties of $790 paid to O’Dea by the United States on certain contracts, and provides that “if the said plaintiff recover judgment against said defendant, if said defendant shall pay said judgment so…
1Opinion of the CourtMitchell, J.
This action was brought upon a bond executed to one Farrell, plaintiff’s assignor, by defendant O’Dea as principal, and defendant Fabel as surety, and delivered by Sling it, pursuant to an order of court, on July 29, 1889. The bond was complete on its face. The answer of Fabel admits the execution of the bond, but alleges that he did so upon the condition that O’Dea should obtain one Houlehan as an additional surety; “that Farrell had full notice and knowledge of said agreement on part of said O’Dea to procure said Houlehan as a co-surety with the defendant on said bond; * * * that defendant…
2Cases cited1 opinion
- Berkey v. JuddSupreme Court of Minnesota · 1885
3Cited by16 opinions
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- State v. KorrerSupreme Court of Minnesota · 1914
- State v. HorrSupreme Court of Minnesota · 1925
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Douglas CountyWisconsin Supreme Court · 1908
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