Ward v. Hackett
Supreme Court of Minnesota
Appeal by defendants Elwis and Eice from an order of the district court for Martin county, Dickinson, J., presiding, refusing a new trial, after a verdict for plaintiff. The action was on a promissory note as follows: “Fairmont, Minn., May 9, 1879. “Four months after date I promise to pay to the order of Albert “L. Ward $1099.19, at Martin County Bank, Fairmont, with interest,” etc. (Signed) “Samuel Hackett. “Frank Elwis. “D. B. Eice. “C. H. Bullard.”
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Appeal by defendants Elwis and Eice from an order of the district court for Martin county, Dickinson, J., presiding, refusing a new trial, after a verdict for plaintiff. The action was on a promissory note as follows: “Fairmont, Minn., May 9, 1879. “Four months after date I promise to pay to the order of Albert “L. Ward $1099.19, at Martin County Bank, Fairmont, with interest,” etc. (Signed) “Samuel Hackett. “Frank Elwis. “D. B. Eice. “C. H. Bullard.” It was agreed that, as between the defendants, Haekett was the principal debtor, and the others were sureties for him, and plaintiff knew this…
1Opinion of the Court
Mitchell, J*
Defendant Elwis signed a negotiable promissory «■mío as surety for defendant Haekett, and delivered it to Haekett, <<pon condition that He should not deliver it to plaintiff, the payee, until he procured the signature of one Johnson as co-surety. Hack-ett failed to get Johnson’s signature, but, without the knowledge or consent of Elwis, got defendant Rice to sign it, and then delivered it to plaintiff, who took it in the ordinary course of business for a valuable consideration, without any notice of the facts hereinbefore stated and now set up by way of defence. Elwis now claims…
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