Tolerton & Stetson Co. v. Barck
Supreme Court of Minnesota
Action in the district court for Eock county on a guaranty. From an order, P. E. Brown, J., overruling a demurrer to the complaint, defendant appealed.
1Opinion of the CourtCollins, J.
This was an action upon a contract of guaranty executed by defendant to plaintiff, whereby the former promised and guarantied the payment of any sum or balance which then existed or might thereafter be contracted on account of goods and merchandise sold and delivered by plaintiff to a certain firm of merchants, “provided such balance does not exceed one thousand dollars ($1,000).” The sum or balance which was due when the above-mentioned firm failed in business was something over $1,300, and, because it ex*471ceeded tbe amount mentioned in the guaranty, it is the contention of the defendant that…
2Cases cited3 opinions
- Henry McShane Co. v. PadianNew York Court of Appeals · 1894
- Historical Publishing Co. v. La VaqueSupreme Court of Minnesota · 1896
- Standard Oil Co. v. HoeseNebraska Supreme Court · 1899
3Cited by6 opinions
- American Tobacco Co. v. ChalfenSupreme Court of Minnesota · 1961
- Carson v. Hurst & Co.Supreme Court of Georgia · 1912
- Bradshaw v. SibertSupreme Court of Minnesota · 1916
- Borg Warner Acceptance Corp. v. Shakopee Sports Center, Inc.Court of Appeals of Minnesota · 1988
- Peoples State Bank of Plainview v. MuirCourt of Appeals of Minnesota · 1986
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