Downs v. American Surety Co.
Supreme Court of Minnesota
Action in the district court for Crow Wing county against defendant surety company and the sheriff of that county to recover $500. The facts are stated in the opinion. The case was tried before Wright, J., who when plaintiffs rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $450 against defendant surety company and a verdict in-favor of defendant Reid.
Read the full summary
Action in the district court for Crow Wing county against defendant surety company and the sheriff of that county to recover $500. The facts are stated in the opinion. The case was tried before Wright, J., who when plaintiffs rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $450 against defendant surety company and a verdict in-favor of defendant Reid. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant surety company appealed. Affirmed as to defendant Reid;
1Opinion of the CourtHaiaam, J.
The Enterprise Manufacturing Company sued plaintiffs in this action and attached Certain of their property. To procure the attachment the *202Enterprise Company gave a bond with itself as principal, and defendant American Surety Company as surety, conditioned to pay all damages sustained “in case the defendants recover judgment or in case the writ shall be set aside or vacated.” No move was made to set aside or vacate the attachment. After some lajose .of time the parties to the attachment suit settled their differences and stipulated as follows: “All matters in dispute between the respective…
2Cases cited12 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- Frost v. JordanSupreme Court of Minnesota · 1887
- Boom v. St. Paul Foundry & Manufacturing Co.Supreme Court of Minnesota · 1885
- Fairmont Cement Stone Manufacturing Co. v. DavisonSupreme Court of Minnesota · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Board of Trade Livery Co. v. Georgia Casualty Co.Supreme Court of Minnesota · 1924
- McGinley v. Maryland Casualty Co.Montana Supreme Court · 1929
- O'Donnell Shoe Co. v. Benson Co-Operative Mercantile Co.Supreme Court of Minnesota · 1928
- Cascade County v. WeaverMontana Supreme Court · 1939
- American Gas Machine Co. Inc. v. VoorheesSupreme Court of Minnesota · 1938
2 more not listed; retrieve them via the Exa API.