Neuhauser v. Banish
Supreme Court of Minnesota
Action before a justice of the peace to recover thirty-sis dollars, and interest, upon a promissory note. From a judgment in favor of defendant, plaintiff appealed on questions of law alone to, the municipal court of St. Paul. The case was tried b.efore Orr, J., who found in favor of plaintiff for the sum of thirty dollars and interest. From a judgment entered pursuant to the findings, defendant appealed to the supreme court.
1Opinion of the CourtLovely, J.
Action in justice court to recover on a. promissory note for thirty-six dollars, payable in three instalments of twelve dollars each, due respectively in one, two, and three months. Defendant answered that he signed the note as a guarantor upon condition that he should be notified upon default of the original maker, one McArthur, or upon failure to give such notice he should be relieved from responsibility; that such notice never was given; that certain payments had been made thereon, but not credited; also that the original payee received from the plaintiff only thirty dollars; that six…
2Cases cited1 opinion
- Egbert v. PetersSupreme Court of Minnesota · 1886
3Cited by1 opinion
- Phillipps v. WebbSupreme Court of Minnesota · 1914