Folsom v. Carli
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF WASHINGTON COUNTY. Points and authorities of Appellants: First. — Where, under the Statutes of Minnesota, an action is brought by tbe endorsee of a promissory note against the makers and endorser, and one’ judgment entered against all the Defendants, payment of the amount of the judgment by tbe endorser to the endorsee (Plaintiff), and an assignment of the judgment by the Plaintiff to a stranger, does not extinguish tbe judgment, and is not…
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APPEAL FROM THE DISTRICT COURT OF WASHINGTON COUNTY. Points and authorities of Appellants: First. — Where, under the Statutes of Minnesota, an action is brought by tbe endorsee of a promissory note against the makers and endorser, and one’ judgment entered against all the Defendants, payment of the amount of the judgment by tbe endorser to the endorsee (Plaintiff), and an assignment of the judgment by the Plaintiff to a stranger, does not extinguish tbe judgment, and is not a satisfaction of it as against the makers of the note. Low vs. Copestake, 3 Cor. & P. 300; Chiti/y on Bills…
1Opinion of the Court
By the Court
Emmett, C. J,
The indorser of a promissory note may, at any time after it becomes due, pay the amount to the legal holder, and at once proceed to enforce it against the maker, or in case several judgments have been obtained on such an instrument, against him and the maker, may pay the judgment against himself, take an assignment of that against the maker and enforce it in his own behalf. These are propositions too well settled to require a reference to authorities, and are fully sustained by the cases referred to in the appellants’ brief. And they necessarily dispose of the *336first…
2Cited by12 opinions
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Burwell v. TullisSupreme Court of Minnesota · 1867
- Clark v. CoxSupreme Court of Florida · 1920
- Gray v. DealSupreme Court of Oklahoma · 1915
- Kelly v. BakerSupreme Court of Minnesota · 1865
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