Heitsch v. Cole
Supreme Court of Minnesota
Action brought in the district court for Otter Tail county against Fred and Henry Heitsch as makers of a promissory note of $400. Cole, who alone answered, defended on the ground that he was a. surety merely, and had been released by the transaction considered in the opinion. At the trial, before Searle, J., the defendant had a. verdict. The plaintiff appeals from an order refusing a.new trial.
1Opinion of the CourtMitchell, J.
The defence in this action was that the defendant. Cole had been released and discharged by plaintiff from all liability on the note in suit. The claim of plaintiff on this appeal is that it. appeared from the evidence that there was no consideration for the alleged release. There was evidence reasonably tending to prove that Cole signed the note merely as surety for his co-defendants, which fact was known to the plaintiff; that shortly before the matu*321rity of the note there was an arrangement agreed upon between Cole and the principal makers, by which he was to assume payment of the note, in…
2Cited by3 opinions
- Lay v. BrownSupreme Court of Arkansas · 1912
- Midland Trust & Savings Bank v. NagleSupreme Court of Minnesota · 1921
- Payne Avenue State Bank v. JohnsonSupreme Court of Minnesota · 1926