Guderian v. Leland
Supreme Court of Minnesota
Appeal by defendant from an order of tbe district court for Anoka county, Elliott, J., denying a motion for a new trial. By his assumption Hall became principal debtor and Leland surety only for payment of tbe obligation.
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Appeal by defendant from an order of tbe district court for Anoka county, Elliott, J., denying a motion for a new trial. By his assumption Hall became principal debtor and Leland surety only for payment of tbe obligation. Pingrey, Mortg. § 1013; Jones, Mortg. §§ 740-741; Marsh v. Pike, 10 Paige, Ob. 595; Calvo v. Davies, 73 N. Y. 211; Cornell v. Prescott, 2 Barb. 16; Russell v. Pistor, 7 N. Y. 171; Paine v. Jones, 76 27. Y. 274; Millerd v. Thorn, 56 27. Y. 402; Colgrove v. Tallmán, 67 27. Y. 95; Union Life Ins. Co. v. Hanford, 143 U. S. 187, 12 Sup. Ct. 437; Wendlandt v. Sobre, 37 Minn. 162,…
1Opinion of the CourtCanty, J.
This action is brought against the defendant, Inland, on a promissory note made by him to plaintiff, dated December 1, 1887, due January 1, 1889, for $5,000, with interest at the rate of 8 per cent, per annum. The defense is that at the time of making said note defendant, to secure the same, made to plaintiff a mortgage on certain real estate; that thereafter, on August 1, 1891, defendant conveyed an undivided one-half of said real estate to one Hall, who, in consideration thereof, in and by the deed of conveyance, assumed and agreed to pay said mortgage indebtedness; that thereafter, with…
2Cases cited2 opinions
- Shepherd v. MaySupreme Court of the United States · 1885
- Washington Slate Co. v. BurdickSupreme Court of Minnesota · 1895
3Cited by8 opinions
- State Bank v. Mutual Telephone Co.Supreme Court of Minnesota · 1913
- Norton v. Metropolitan Life InsuranceSupreme Court of Minnesota · 1898
- Crane Co. v. James McHugh Sons, Inc.Court of Appeals for the Tenth Circuit · 1939
- Patnode v. DeschenesNorth Dakota Supreme Court · 1906
- Bell v. MendenhallSupreme Court of Minnesota · 1898
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