Legal Opinion

Guilford v. Minneapolis, S. Ste. M. & A. Ry. Co.

Supreme Court of Minnesota

Decided July 28, 1891PublishedCited by 14 opinions

Appeal by plaintiff, Asa Guilford, from a judgment of the municipal court of the city of Minneapolis, Mahoney, J., rendered March 5, 1891, adjudging that plaintiff take nothing by this action. The action was to recover $25 upon a coupon for six months’ interest on a bond for $1,000, issued by the defendant, the Minneapolis, Sault Ste. Marie & Atlantic Railway Company.

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Appeal by plaintiff, Asa Guilford, from a judgment of the municipal court of the city of Minneapolis, Mahoney, J., rendered March 5, 1891, adjudging that plaintiff take nothing by this action. The action was to recover $25 upon a coupon for six months’ interest on a bond for $1,000, issued by the defendant, the Minneapolis, Sault Ste. Marie & Atlantic Railway Company. The contention of the defendant was that the bond was secured by a mortgage, and that, by recitals in the bond, the provisions of the mortgage were imported into it, and that those provisions prohibited a suit at law on the bond…

1Opinion of the CourtYanderburgh, J.

The plaintiff is the owner and holder of a certain first mortgage bond (No. 4,028) made by the defendant for $1,000, with semiannual interest, payable to the Central Trust Company of New York or bearer, with interest coupons attached, each purporting on its face to be for six months’ interest on the first mortgage bond of the defendant No. 4,028. The bond is one of a series of bonds issued by defendant, and recites that the payment of each and all of the bonds, together with the interest thereon, is secured by a mortgage or deed of trust executed by the defendant company to the Central Trust…

2Cases cited2 opinions

  1. First National Fire Insurance v. SalisburyMassachusetts Supreme Judicial Court · 1881
  2. Swift v. FletcherSupreme Court of Minnesota · 1861

3Cited by14 opinions

  1. King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
  2. Muren v. Southern Coal & Mining Co.Missouri Court of Appeals · 1913
  3. Seibert v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1893
  4. Grant v. Winona & Southwestern Railway Co.Supreme Court of Minnesota · 1902
  5. Jones v. Atlantic & Western RailroadSupreme Court of North Carolina · 1927

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