Willis v. Davis
Supreme Court of Minnesota
Erom tbe record in this action, it appears that the suit was brought by the Defendant in Error, against the Plaintiff in Error, and one James Y. Caldwell and J. L. Earwell, in the District Court of Bamsey County, on a promissory note made by said Caldwell, dated June 17th, 1857, payable to the order of said Earwell, sixty days from date, for the sum of $1,150, with interest at three per cent, per month, and if not paid at maturity the principal and interest then due, to draw…
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Erom tbe record in this action, it appears that the suit was brought by the Defendant in Error, against the Plaintiff in Error, and one James Y. Caldwell and J. L. Earwell, in the District Court of Bamsey County, on a promissory note made by said Caldwell, dated June 17th, 1857, payable to the order of said Earwell, sixty days from date, for the sum of $1,150, with interest at three per cent, per month, and if not paid at maturity the principal and interest then due, to draw interest at the rate of five per cent, per month until paid, and endorsed by the saidFarwell and by the Plaintiff in…
1Opinion of the Court
By the Court
Flandrau, J.
James Y. Caldwell made his promissory note for the sum of $1,150 payable to the order of J. L. Farwell. Farwell endorsed the same as first endorser, and the Plaintiff in Error as second endorser. It was not paid and was duly protested; suit was commenced upon the note by Jonah N. Davis, the Defendant in Error, who was the owner of the note. Caldwell and Farwell suffered default, and the Defendant Willis answered that he was but an accommodation endorser, and only secondarily liable upon the note to the other parties. That after the maturity of the note, Farwell had…
2Cases cited4 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Bangs v. StrongNew York Court of Chancery · 1842
- Hubbly v. Brown & Nichols.New York Supreme Court · 1819
- Bank of Orleans v. BarryCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Gross Iron Ore Co. v. PaulleSupreme Court of Minnesota · 1916
- Huntsman v. FishSupreme Court of Minnesota · 1886
- Herman v. Ramsey County Community Human Services DepartmentCourt of Appeals of Minnesota · 1985
- MacKenzie v. Summit National Bank of St. PaulCourt of Appeals of Minnesota · 1985
- Pence v. GaleSupreme Court of Minnesota · 1873
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