Pfenninger v. Kokesch
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Sibley county, Oadwell, J., refusing a new trial after a verdict for defendant.
1Opinion of the CourtMitchell, J.
This action was brought on the joint and several promissory note of the defendant and his father, the former being surety for the latter. The cause of action against defendant was barred by the statute of limitations, unless the running of the statute had been interrupted by certain partial payments. All of these payments were made by the father. It is the law of this state that a partial payment by one of several joint and several debtors is inoperative to prevent the running of the statute as to the others. Willoughby v. Irish, 35 Minn. 63, 27 N. W. 379. In order to prevent the running of…
2Cases cited3 opinions
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Littlefield v. . LittlefieldNew York Court of Appeals · 1883
- Willoughby v. IrishSupreme Court of Minnesota · 1886
3Cited by8 opinions
- Atwood v. LammersSupreme Court of Minnesota · 1906
- W. T. Rawleigh Co. v. SmithNebraska Supreme Court · 1942
- Erickson v. HusemollerSupreme Court of Minnesota · 1934
- Woodcock v. PutnamSupreme Court of Minnesota · 1907
- Greve v. State BankSupreme Court of Minnesota · 1941
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