Ferris v. Boxell
Supreme Court of Minnesota
On May 8, 1883, one E. J. Boxell, as principal, and these plaintiffs as sureties, made and delivered to one Frank Gray their bond in the penal sum of |1,000, conditioned, among other things, that said E. J. Boxell should perform his duties as agent for said Gray and account for all moneys collected by him. On the same day these defendants agreed in writing to become responsible to plaintiffs for all losses they might sustain on account of signing the bond of E. J. Boxell.
Read the full summary
On May 8, 1883, one E. J. Boxell, as principal, and these plaintiffs as sureties, made and delivered to one Frank Gray their bond in the penal sum of |1,000, conditioned, among other things, that said E. J. Boxell should perform his duties as agent for said Gray and account for all moneys collected by him. On the same day these defendants agreed in writing to become responsible to plaintiffs for all losses they might sustain on account of signing the bond of E. J. Boxell. Thereafter Gray brought suit on the bond against E. J. Box-ell and the plaintiffs, to recover moneys alleged not to have…
1Opinion of the CourtMitchell, J.
As to the main cause of action it is conceded by plaintiffs' that, in order to recover, it was incumbent upon them to prove that they had paid the judgment in favor of Gray against R. J. Boxell. The only evidence which they offered to prove that fact was a written assignment of the judgment to them by Gray, which recited that it was executed “in consideration of $800, to him paid by plaintiffs, the receipt whereof is hereby acknowledged.”
Assuming that the taking of this assignment, if plaintiffs actually paid the money, was equivalent to paying the judgment, still it is clear that the receipt…
2Cited by10 opinions
- Chastang v. ChastangSupreme Court of Alabama · 1904
- Enkema v. McIntyreSupreme Court of Minnesota · 1917
- Board of Trustees of Ripon College v. BrownSupreme Court of Minnesota · 1896
- Bennett v. KnowlesSupreme Court of Minnesota · 1896
- Heartz v. KlinkhammerSupreme Court of Minnesota · 1888
5 more not listed; retrieve them via the Exa API.