Sweeney v. McMahon
Supreme Court of Minnesota
Action in the district court for Sibley county to recover $900.15 upon two promissory notes.' From an order, Tifft, J., granting the motion of defendant’s guardian ad litem to vacate a writ of attachment issued against the property of defendant, plaintiff appealed.
1Opinion of the Court
Lees, C.
In February, 1919, defendant was conducting a saloon at Green Isle in this state. The local bank held his note for $600, upon which $250 had been paid. Plaintiff was a surety on the note. Defendant was drinking heavily, and about the fifteenth of February had an attack of delirium tremens and was confined tó his house, his business being carried on by others acting in his behalf. On February 27 he executed a new note to the bank for $513.35, payable on demand. Plaintiff was a surety on this note. When it was given, the old note was taken up.
*335On the same day, payment of the new note was…
2Cases cited1 opinion
- Tereau v. MadisonSupreme Court of Minnesota · 1917
3Cited by1 opinion
- Dannheim Development, Inc. v. MoglerCourt of Appeals of Minnesota · 1987