Maxwell v. Capehart
Supreme Court of Minnesota
Action in the district court for Ramsey county. The case was tried before Otis, J., who ordered judgment in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.
1Opinion of the CourtMitchell, J.
Action on a supersedeas bond executed by defendant Capehart as principal and his codefendants as sureties upon an appeal to this court from a judgment in favor of plaintiff and against defendant Capehart and one Schwartz, and which was affirmed in Maxwell v. Schwartz, 55 Minn. 414, 57 N. W. 141.
The facts are that Schwartz executed to plaintiff a promissory note, and also, as security for its payment, a mortgage on chattel property. At the same time, and as part of the same transaction, and before the delivery of the note, and for the purpose of giving it credit, Cape-hart indorsed thereon:…
2Cases cited1 opinion
- Maxwell v. SchwartzSupreme Court of Minnesota · 1893
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- Cleveland v. First State Bank of FloydadaCourt of Appeals of Texas · 1915