Bowen v. Thwing
Supreme Court of Minnesota
Appeal by defendant, Mary A. Thwing, from an order of the District Court of Hennepin County, Seagrave Smith, J., made August 5, 1893, denying her motion for a new trial. On November 1, 1888, tbe plaintiff, Timothy A. Bowen, loaned to Joseph E. Thwing $1,080.50 and took bis promissory note therefor due in one year and bearing interest at tbe rate of eight per centum per annum.
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Appeal by defendant, Mary A. Thwing, from an order of the District Court of Hennepin County, Seagrave Smith, J., made August 5, 1893, denying her motion for a new trial. On November 1, 1888, tbe plaintiff, Timothy A. Bowen, loaned to Joseph E. Thwing $1,080.50 and took bis promissory note therefor due in one year and bearing interest at tbe rate of eight per centum per annum. Mary A. Thwing Ms wife soon after wrote her name on the back of the note as surety, and thereby became a joint maker with him. He agreed she shouM do this when he borrowed the money. This action was commenced, February…
1Opinion of the CourtGilpillan, C. J.
There was no question but that the appellant executed the note as surety for the other maker.
In her answer she alleges several matters of defense: First, that she executed the note without consideration; second, that, without her knowledge or consent, the payee and principal maker agreed to extend the time for paying the note for one year; third, that $1,500 had been paid on the note.
As to the inception of the note, and the appellant’s signing it, the jury might, upon the 'evidence, find either that the loan for which the note was given was completed, and the note executed and delivered,…
2Cases cited3 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- In re People's Live Stock InsuranceSupreme Court of Minnesota · 1894
- J. & W. G. Ward v. Van DuzerThe Superior Court of New York City · 1829
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- First National Bank v. International MacHines Corp.Supreme Court of Minnesota · 1968
- Van Houten v. Van HoutenSupreme Court of Iowa · 1926
- Ailes v. MillerIndiana Court of Appeals · 1913
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