Pfefferkorn v. Haywood
Supreme Court of Minnesota
Action in tbe district court for Hennepin county. Judgment was entered for want of answer against defendant Bosbart, and tbe action came on for trial before Jamison, J., wbo granted plaintiffs’ motion to amend tbe complaint as stated in tbe opinion. Thereafter tbe case was tried before Bussell, J., wbo ordered judgment against defendant Haywood for $1475 and interest. From an order denying a motion for a new trial, defendant Haywood appealed.
1Opinion of the Court
COLLINS, J.2
Plaintiffs, co-partners, brought this action to recover upon two promissory notes executed and delivered by defendants. Setting forth two separate causes of action in their complaint, they declared upon each note as the joint promise of these defendants. Boshart failed to answer, but defendant Haywood answered, as to the first cause of action, alleging the making of an agreement between plaintiffs and himself, whereby he had been discharged and released from all liability on the note mentioned therein; and, as to the second cause of action, that he had made a partial payment…
2Cases cited1 opinion
- Davison v. HarmonSupreme Court of Minnesota · 1896
3Cited by2 opinions
- Church v. OdellSupreme Court of Minnesota · 1907
- Sundberg v. GoarSupreme Court of Minnesota · 1904