Gilles v. Mahony
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,200 and interest on a promissory note executed by defendant J. H. Mahony, which, as the complaint alleged, defendant Sarah Mahony had agreed to pay. The case came on for trial of the issues raised by the separate answer of Sarah Mahony before Harrison, J., who directed a dismissal of the action. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtLewis, J.
ITaintiff brings this action against J. H. Mahony to recover the amount due upon a certain promissory note maturing April 4,1896, and joins his wife, Sarah Mahony, as defendant, séeking to hold her upon an alleged contract on her part to pay the note. The complaint states that on or about May 4, 1895, the wife, in consideration of plaintiff’s promise not to enforce the collection from said defendant J. H. Mahony of the interest then due on the note, promised to pay the note and interest at or before the maturity of the same, and that plaintiff did so promise, and did so refrain from enforcing…
2Cases cited7 opinions
- Ackley v. . ParmenterNew York Court of Appeals · 1885
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Gill v. HerrickMassachusetts Supreme Judicial Court · 1873
- Hooker v. RussellWisconsin Supreme Court · 1886
- Gump v. HalberstadtOregon Supreme Court · 1887
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