Merchants' Exchange Bank v. Luckow
Supreme Court of Minnesota
The plaintiff, as indorsee, brought this action in the district court for Winona county, upon a promissory note, against the maker, the indorsers, and the guarantors of payment. The defendants who were sued as guarantors alone answered, and the issues thus made were tried by Start, J., without a jury. Upon the facts found, judgment was directed for the answering defendants. Plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtGilfillan, C. J.
The facts out of which this action arose, as found by the court below, (and the evidence fully justified the findings,) are that the defendant Luekow signed the note sued upon, payable to Jacob Willaner & Co.; and the other defendants, except Wil-laner & Co., agreed to guaranty its payment, provided one Matthew Leinekugel and Mrs. Herman Luekow should also join in the guaranty; and under that agreement such other defendants wrote their names on the back of the note, and it was then left with the agent of the payees, Willaner & Co., to procure the signatures of Leinekugel and Mrs. Luekow, with…
2Cases cited3 opinions
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Barber v. KennedySupreme Court of Minnesota · 1872
- Skaaraas v. FinneganSupreme Court of Minnesota · 1883
3Cited by24 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Hodge v. SmithWisconsin Supreme Court · 1907
- Bell v. McDonaldIllinois Supreme Court · 1923
- Shelling State Bank v. ClasenSupreme Court of Minnesota · 1916
- MacLaren v. CochranSupreme Court of Minnesota · 1890
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