Merchants Insurance v. Herber
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Pond, J., denying a new trial. The right of appropriation is confined to the parties themselves. Gordon v. Hobart, 2 Story, 243; Seymour v. Marvin, 11 Barb. 80; Allen v: Culver, 3 Denio, 284; Frost v. Mixsell, 38 N. J. Eq. 58G; Seymour v. Van Slyck, 8 Wend. 403; Hunger, App. Pa.ym., 75-80. Sureties cannot direct it, but are bound by the application made by the parties.
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Appeal by plaintiff from an order of the district court for Hennepin county, Pond, J., denying a new trial. The right of appropriation is confined to the parties themselves. Gordon v. Hobart, 2 Story, 243; Seymour v. Marvin, 11 Barb. 80; Allen v: Culver, 3 Denio, 284; Frost v. Mixsell, 38 N. J. Eq. 58G; Seymour v. Van Slyck, 8 Wend. 403; Hunger, App. Pa.ym., 75-80. Sureties cannot direct it, but are bound by the application made by the parties. Allen v. Culver, supra; Poulson v. Collier, 18 Mo. App. 583; Blanton v. Bice, 5 Mon. 253; Goetz v. Piel, 26 Mo. App. 634; 1 Story, Eq., (13th Ed.) §…
1Opinion of the CourtStabt, C. J.
This is an action upon a bond given to the plaintiff *422by the defendants Herber, as principal, and Wright and another, as sureties. Verdict for the defendant Wright, who alone answered, and the plaintiff appealed from an order denying its motion for a new trial. At the close of the evidence the plaintiff requested the court to instruct the jury to return a verdict for the plaintiff for the amount claimed in the complaint. The request was refused, and plaintiff excepted. This ruling is assigned as error, and its correctness is practically the only question we find it necessary to discuss or…
2Cases cited5 opinions
- County of Pine v. WillardSupreme Court of Minnesota · 1888
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