Legal Opinion

Abbott v. Morrissette

Supreme Court of Minnesota

Decided April 2, 1891PublishedCited by 9 opinions

Appeal by defendants (sureties in the bond in suit) from a judgment of $1,081.76 in the district court for Eamsey county, where the action was tried by Otis, J., a jury being waived.

1Opinion of the Court

Dickinson, J.1

This action is prosecuted to recover on a bond executed pursuant to our mechanic’s lien law. The defendants Milsted and Belyea were the principal obligors, and the defendants Morrissette and Matteson were sureties. In August, 1888, Milsted & Belyea, as partners, entered into a contract with one Sarah R. Perkins, whereby they undertook to furnish the material for and to erect a block of buildings for her and upon her land, for a specified price. Thereupon this bond was executed pursuant to the statute, the bond running to the said Perkins, “for the use of all persons who may do…

2Cases cited1 opinion

  1. Jones v. WilderSupreme Court of Minnesota · 1881

3Cited by9 opinions

  1. Stevens v. StevensSupreme Court of Minnesota · 1900
  2. Bricker v. Rollins & JareckiCalifornia Supreme Court · 1918
  3. Peach v. ReedSupreme Court of Minnesota · 1902
  4. United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
  5. National Surety Co. v. George E. Breece Lumber Co.Court of Appeals for the Tenth Circuit · 1932

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