Young v. Shunk
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Goodhue county against defendants, as co-sureties with himself, seeking to enforce contribution from them. The action .was tried before -McCluer, J., and a jury, and, when both parties rested, the court, on defendants’ motion, directed a verdict in their favor.
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Plaintiff brought this action in the district court for Goodhue county against defendants, as co-sureties with himself, seeking to enforce contribution from them. The action .was tried before -McCluer, J., and a jury, and, when both parties rested, the court, on defendants’ motion, directed a verdict in their favor. From the uncontradicted evidence offered and received on the trial, it appeared that the defendants executed and delivered to the Davis Sewing-Machine Company their written guaranty, to the amount of $2,000, dated June 26, 1876, for the performance by one Paulson of a certain…
1Opinion of the CourtGilfillan, C. J.
Martin Paulson entered into a contract with the Davis Sewing-Machine Company. The defendants, by an instrument *505under seal, guarantied, to the amount of $2,000, the performance by Paulson of said contract. Afterwards, plaintiff, by a separate instrument under seal, guarantied, to the amount of $1,000, the performance by Paulson of the same contract. The plaintiff, having been compelled to pay the $1,000 by reason of Paulson’s failure to fulfil his contract, brings this action to enforce contribution from defendants. They insist that he and they were not co-sureties.
Persons are co-sureties, so…
2Cited by6 opinions
- Southern Surety Co. v. TessumSupreme Court of Minnesota · 1929
- National Surety Co. v. BecklundSupreme Court of Minnesota · 1926
- Stone-Ordean-Wells Co. v. TaylorSupreme Court of Minnesota · 1918
- David Kroona v. Frank Dunbar, Padun GV, LLCCourt of Appeals of Minnesota · 2015
- Aetna Casualty & Surety Co. v. Equitable Surety Co.Supreme Court of Minnesota · 1920
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