Sprague v. Wells
Supreme Court of Minnesota
Appeal by defendants Thos. J. Canney and Wm. N Read (im-pleaded with Mary A. Wells) from an order of the district court for Hennepin county, Hicks, J., presiding overruling their demurrer to the complaint in an action to recover $3,000 on the bond considered in the opinion.
1Opinion of the CourtDiCKiNSON, J.
This is an action upon a bond executed to the plaintiff and two other persons, Beebe and Stone, by the defendant Wells, as principal obligor, and the defendants Canney and Read as her sureties. Upon the demurrer of the two last-named defendants, the questions are raised whether a cause of action is stated in the corn-*505plaint against them, and whether this plaintiff, being only one of the several obligees in the bond, can maintain an action thereon without joining his co-obligees.
The bond is set forth in full in the complaint, and is in the ordinary form of a penal bond running to Sprague,…
2Cited by10 opinions
- Buhrer v. BaldwinMichigan Supreme Court · 1904
- Union Sewer Pipe Co. v. OlsonSupreme Court of Minnesota · 1901
- Smith v. AltierSupreme Court of Minnesota · 1931
- Disbrow v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1908
- Sweeney v. JohnsonIdaho Supreme Court · 1913
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