Legal Opinion

Becker v. Northway

Supreme Court of Minnesota

Decided July 14, 1890PublishedCited by 19 opinions

Appeal by plaintiff from orders of the district court for Hennepin county, Rea, J., presiding, overruling his demurrers (1) to the answer, and (2) to a complaint in intervention.

1Opinion of the CourtGileillan, C. J.

The action is upon defendant’s written guaranty of payment of any indebtedness arising from samples sent one J. L. Barry by plaintiff for the purpose of taking orders for plaintiff by Barry, the condition of the guaranty, as expressed in the writing, being “that said Barry is to account, as per invoice, for all samples received from said Becker.” The complaint alleges the delivery by plaintiff to Barry, on the faith of the guaranty, of samples to the value of $450.62, and the failure of Barry to account for them, and asks judgment for such value. The defendant answered, setting up as a first…

2Cases cited10 opinions

  1. Gillespie v. . TorranceNew York Court of Appeals · 1862
  2. Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
  3. Lewis v. HarwoodSupreme Court of Minnesota · 1881
  4. State v. McCarteySupreme Court of Minnesota · 1871
  5. Bennett v. WhitcombSupreme Court of Minnesota · 1878

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3Cited by19 opinions

  1. Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
  2. St. Paul & M. Trust Co. v. LeckSupreme Court of Minnesota · 1894
  3. Green v. ConradSupreme Court of Missouri · 1893
  4. Braithwaite v. AkinNorth Dakota Supreme Court · 1893
  5. Willoughby v. BallSupreme Court of Oklahoma · 1907

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