Barnsback v. Reiner
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COUET OF WASHINGTON COUNTY. Points and Authorities for Appellant. I. — "Where a third party, under an arrangement with the maker, bad assumed the payment of a promissory note, with the knowledge and consent of- all the parties thereto, and the payee, with the consent of the sureties thereon, enters into an agreement with such third party, upon a sufficient consideration, for the payment of said note at a different time and upon different terms from…
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APPEAL FROM THE DISTRICT COUET OF WASHINGTON COUNTY. Points and Authorities for Appellant. I. — "Where a third party, under an arrangement with the maker, bad assumed the payment of a promissory note, with the knowledge and consent of- all the parties thereto, and the payee, with the consent of the sureties thereon, enters into an agreement with such third party, upon a sufficient consideration, for the payment of said note at a different time and upon different terms from those expressed in the original, such agreement is an acceptance of such third party as the actual debtor, and operates…
1Opinion of the Court
By the Court
Atwatee, J.
The Respondent brought his *62action to recover money paid by him for Neiner & Swain, as surety for them on a promissory note. The note was for $1,000 and interest at ten per cent., and dated Troy, Illinois, March 29th, 1852, dne the first day of May then next. The complaint alleged that the interest had been paid annually up to March 30, 1858, by Swain & Neiner, and that on the first day of April, 1859, he had been compelled to pay, and did pay as surety, the principal and interest then due on said note, amounting to eleven hundred dollars.
The Defendant, Neiner, answered,…
2Cited by6 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- Buse v. PageSupreme Court of Minnesota · 1884
- Warner v. MyrickSupreme Court of Minnesota · 1870
- Holland v. TjosevigWashington Supreme Court · 1919
- In re Weber Furniture Co.U.S. Circuit Court for the District of Eastern Michigan · 1876
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