Beeson v. Day
Supreme Court of Minnesota
Action in the district court for Nobles county against George 3. Day, Martha E. Day, his wife, and Peter Thompson to foreclose a mortgage executed by defendants Day to secure a bond of guaranty executed by defendant George J. Day.
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Action in the district court for Nobles county against George 3. Day, Martha E. Day, his wife, and Peter Thompson to foreclose a mortgage executed by defendants Day to secure a bond of guaranty executed by defendant George J. Day. The case was tried before P. E. Brown, J., who found the facts as stated in the opinion, and as conclusions of law found that there was due on the bond and mortgage $2,372.17, with interest from September 5, 1888, and that plaintiff was entitled to judgment of foreclosure. From a judgment entered pursuant to the findings, defendant Thompson appealed.
1Opinion of the CourtStart, C. J.
The facts of this case as found by the trial court are these: In the year 1886 the defendant George J. Day contemplated establishing a national bank at Worthington, this state. For the purpose of inducing a syndicate, which was represented by George S. Capelle, as trustee, to subscribe for 350 shares of the capital stock of the proposed bank, he executed to Capelle, as such trustee, his bond in the sum of $35,000, the condition of which, after reciting that the syndicate had subscribed for the amount of stock named, read as follows:
‘T, Geo. J. Day, do hereby guaranty and insure to the holders…
2Cited by1 opinion
- Alger v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1916