Mueller v. Barge
Supreme Court of Minnesota
Appeal by defendant, Jacob Barge, from an order of the District Court of Hennepin County, Seagrave Smith, J., made February 21, 1893, denying Ms motion for a new trial. On October 5, 1888, Herman Westphal borrowed of Jonas F. Brown $4,000 and gave Ms note therefor due in six months. Jacob Barge and John B. Mueller indorsed the note as sureties. This note was renewed for five months, more, and then, on September 5, 1889, each, of the sureties paid a hálf of it.
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Appeal by defendant, Jacob Barge, from an order of the District Court of Hennepin County, Seagrave Smith, J., made February 21, 1893, denying Ms motion for a new trial. On October 5, 1888, Herman Westphal borrowed of Jonas F. Brown $4,000 and gave Ms note therefor due in six months. Jacob Barge and John B. Mueller indorsed the note as sureties. This note was renewed for five months, more, and then, on September 5, 1889, each, of the sureties paid a hálf of it. On January 25, 1889, West-phal borrowed of Henry F. Brown $10,000, and gave his notes therefor, on wMch Jacob Barge and John Van Der…
1Opinion of the CourtDickinson, J.
The plaintiff is the widow and sole legatee of John B. Mueller, whose estate has been fully administered and settled. In October, 1888, Mueller and the defendant indorsed, and became liable as sureties for one Westphal on a promissory note of the latter to one Jonas F. Brown, for $4,000, payable six months thereafter. At its maturity, in April, 1889, the note was not paid, and Westphal executed another note in its place, upon which also Mueller and Barge became sureties. When this note matured, Mueller and Barge gave their individual notes for the debt, which were subsequently paid, Mueller…
2Cases cited4 opinions
- Moore v. MoberlyCourt of Appeals of Kentucky · 1847
- Miller v. SawyerSupreme Court of Vermont · 1858
- Schmidt v. CoulterSupreme Court of Minnesota · 1861
- Fuller v. HapgoodSupreme Court of Vermont · 1867
3Cited by4 opinions
- Dayton Co. v. Carpet, Linoleum & Resilient Floor Decorators' UnionSupreme Court of Minnesota · 1949
- Osterberg v. Section 30 Development Co.Supreme Court of Minnesota · 1924
- Car Lease Incorporated v. KitzerSupreme Court of Minnesota · 1967
- Barge v. Van Der HorckSupreme Court of Minnesota · 1894