Bank of Commerce v. Smith
Supreme Court of Minnesota
Appeal by Fred W. Smith, one of tbe defendants, from a judgment of tbe District. Court of St. Louis County, J. D. Ensign, J., entered November 25,1893. On June 26, 1893, tbe defendant Fred W. Smith made and delivered to tbe plaintiff tbe Bank of Commerce of West Superior Wis., bis promissory note whereby be promised to pay to its order ninety days thereafter $1,750 with interest at tbe rate of ten per .cent per annum.
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Appeal by Fred W. Smith, one of tbe defendants, from a judgment of tbe District. Court of St. Louis County, J. D. Ensign, J., entered November 25,1893. On June 26, 1893, tbe defendant Fred W. Smith made and delivered to tbe plaintiff tbe Bank of Commerce of West Superior Wis., bis promissory note whereby be promised to pay to its order ninety days thereafter $1,750 with interest at tbe rate of ten per .cent per annum. At tbe same time tbe defendants William C. Sherwood and Adeline Smith by writing indorsed on the note for value received, guaranteed its payment. Tbe note was not paid and tbe…
1Opinion of the CourtMitchell, J.
This action was brought against Smith as maker, and two other as guarantors of the payment, of a promissory note'. Each of the defendants interposed a separate answer, consisting Mn effect of a general denial. The cause was tried upon the issues between plaintiff and Smith, and a verdict rendered for the plaintiff, leaving the issues between plaintiff and the other defendants undisposed of. Judgment was rendered against Smith upon the •/verdict. The verdict was for a few dollars more than the amount claimed in the complaint. Without having made any motion for a new trial, or otherwise calling…
2Cases cited2 opinions
- Hammel v. BeardsleySupreme Court of Minnesota · 1883
- In re Ward's EstateSupreme Court of Minnesota · 1894
3Cited by9 opinions
- Harper v. CarrollSupreme Court of Minnesota · 1896
- Campbell v. WormanSupreme Court of Minnesota · 1894
- Western Twine Co. v. WrightSouth Dakota Supreme Court · 1899
- Fletcher v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1900
- McLaughlin v. NicholsonSupreme Court of Minnesota · 1897
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