American Building & Loan Ass'n v. Waleen
Supreme Court of Minnesota
Appeal by plaintiff, the American Building and Loan Association, from an order of the District Court of Hennepin County, Hooker, L, made June 18, 1892, overruling its demurrer to the answer. Action upon a bond made by defendants, Andrew J. Waleen, ITalvor Fergestad and A. Risberg for $4,500, conditioned as stated in the opinion.
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Appeal by plaintiff, the American Building and Loan Association, from an order of the District Court of Hennepin County, Hooker, L, made June 18, 1892, overruling its demurrer to the answer. Action upon a bond made by defendants, Andrew J. Waleen, ITalvor Fergestad and A. Risberg for $4,500, conditioned as stated in the opinion. The answer stated that plaintiff had foreclosed the mortgage, and at the sale had bid in the property for the full amount of the debt secured, with interest and costs, and had sustained no damage on account of the mechanic’s lien on the mortgaged premises. To this…
1Opinion of the CourtMitchell, J.
At first sight the question raised by this appeal might seem somewhat perplexing, but, upon applying to the facts familiar principles of law, its solution is not difficult.
The facts, as alleged or admitted in the answer to which the demurrer was interposed, are, so far as here material, substantially as follows: The plaintiff, having agreed to make a loan to Waleen, to be secured by mortgage on real estate, exacted from him, as a condition of making the loan, a bond executed by himself and two sureties, the recitals and condition of which were that whereas, Waleen had applied for a loan to be…
2Cited by24 opinions
- Leshefsky v. American EmPloyers' InsuranceMassachusetts Supreme Judicial Court · 1936
- Northern Assurance Co. of England v. BorgeltNebraska Supreme Court · 1903
- Sletten v. First National BankNorth Dakota Supreme Court · 1917
- Aetna Casualty & Surety Co. v. BrosSupreme Court of Minnesota · 1948
- Lawton v. St. Paul Permanent Loan Co.Supreme Court of Minnesota · 1894
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