Legal Opinion

D. M. Osborne & Co. v. Gullikson

Supreme Court of Minnesota

Decided April 23, 1896No. Nos. 9394-(9)PublishedCited by 10 opinions

Appeal by plaintiff from an order of the district court for Norman county, Ives, J., overruling a demurrer to the answer.

1Opinion of the Court

START, O. J.

The complaint in this action sets up the making of four separate promissory notes to the plaintiff, by as many different makers, and a guaranty of the payment of each note by the defendant. The allegations of the complaint as to the contract of guaranty on each note are, substantially: That at the time of making the note, and for the purpose of inducing the plain*219tiff to accept the same, the defendant guarantied the payment of the same, in these words: “For value received, I hereby guaranty the payment of the within note at maturity, and at all times thereafter, and waive demand,…

2Cases cited3 opinions

  1. Hungerford v. O'BrienSupreme Court of Minnesota · 1887
  2. D. M. Osborne & Co. v. BakerSupreme Court of Minnesota · 1885
  3. Highland v. DresserSupreme Court of Minnesota · 1886

3Cited by10 opinions

  1. Midland National Bank v. Security Elevator Co.Supreme Court of Minnesota · 1924
  2. First National Bank v. SchirmerSupreme Court of Minnesota · 1916
  3. Slaughter v. MortonCourt of Appeals of Texas · 1916
  4. O'NEIL v. DuxSupreme Court of Minnesota · 1960
  5. Pinch v. McCullochSupreme Court of Minnesota · 1898

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