Schultz v. Howard
Supreme Court of Minnesota
Separate appeals in each of the above cases by defendants Howard, Nash, Brackett and Stone and by defendant Lynn, respectively, from orders of the district court for Hennepin county, Bussell, J., respectively sustaining demurrers of plaintiffs to parts of the separate answers of defendants Howard, Nash, Brackett and Stone and to parts of the separate answer of defendant Lynn.
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Separate appeals in each of the above cases by defendants Howard, Nash, Brackett and Stone and by defendant Lynn, respectively, from orders of the district court for Hennepin county, Bussell, J., respectively sustaining demurrers of plaintiffs to parts of the separate answers of defendants Howard, Nash, Brackett and Stone and to parts of the separate answer of defendant Lynn. The first action was brought upon two promissory notes, the terms ■of which are stated in the opinion. The second action was brought upon three promissory notes of like tenor, except as to the amounts ■and times of…
1Opinion of the Court
MITCHELL, J.2
This was an action on two promissory notes, upon which defendant Lynn was guarantor, and the other defendants makers. The case comes here on appeal from an order sustaining a demurrer to defendants’ second defense, by which they claim that they were released by reason of the plaintiffs having previously obtained judgment upon the notes against another maker alone, who is not a party to this action.
The principle sought to be invoked is that joint contractors must all be sued together; that, if one is omitted, the nonjoinder may be pleaded in abatement. Hence, if the cause of…
2Cited by6 opinions
- Combined Insurance Co. of America v. BodeSupreme Court of Minnesota · 1956
- Larx Co. Inc. v. NicolSupreme Court of Minnesota · 1946
- Johnson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1907
- Browns Valley State Bank v. PorterCourt of Appeals for the Eighth Circuit · 1916
- Hitchcock v. FrackeltonMichigan Supreme Court · 1898
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