Wood v. Bragg
Supreme Court of Minnesota
Action in the district court for Ramsey county by the executrix of the last will of Enos Wood, deceased, upon a promissory note, the payment of which was guarantied by defendants. The cause was tried before O. B. Lewis, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.
Read the full summary
Action in the district court for Ramsey county by the executrix of the last will of Enos Wood, deceased, upon a promissory note, the payment of which was guarantied by defendants. The cause was tried before O. B. Lewis, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed. G. S. 1894, § 5148, applies to causes of action accruing during the life of decedent; and section 5149 applies only to causes of action accruing after the death of decedent. Section 5149 does not suspend the running of the general statute of limitation so as to extend the…
1Opinion of the Court
START, O. J.
May 19, 1888, W. B. Boardman duly made his promissory note for $1,200 to the defendant Mary M. Bragg, payable, with interest, on or before three years from that date, and secured its payment by a real-estate mortgage duly executed to her. One-half of the principal of the note, and interest thereon to November 19, 1889, were paid October 2, 1890; and on that day the payee, Mary M. Bragg, for a valuable consideration to her paid by Enos Wood, sold, assigned and delivered the note and mortgage to Grace E. Knowles; and upon the same consideration, and as a part of the same…
2Cases cited5 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Curran v. WitterWisconsin Supreme Court · 1887
- Foster v. JohnsonSupreme Court of Minnesota · 1888
- Peters v. Jamestown Bridge Co.California Supreme Court · 1855
- St. Paul Trust Co. v. SargentSupreme Court of Minnesota · 1890
3Cited by2 opinions
- Cashman v. HedbergSupreme Court of Minnesota · 1943
- Merchants State Bank v. Sunset Orchard Land Co.Supreme Court of Minnesota · 1924