Hammel v. Beardsley
Supreme Court of Minnesota
The complaint in this action, which was brought in the district court for Otter Tail county, alleges that the defendants Beardsley made and delivered to defendant Thoreson a promissory note, which is past, due and unpaid; that before its maturity the defendant Thoreson “duly endorsed said note to this plaintiff, and, for value received, duly guaranteed the payment of said note in writing,” and that plaintiff is the owner and holder.
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The complaint in this action, which was brought in the district court for Otter Tail county, alleges that the defendants Beardsley made and delivered to defendant Thoreson a promissory note, which is past, due and unpaid; that before its maturity the defendant Thoreson “duly endorsed said note to this plaintiff, and, for value received, duly guaranteed the payment of said note in writing,” and that plaintiff is the owner and holder. Judgment for the amount due on the note is demanded against the defendants and each of them. Plaintiff appeals from an order by Collins, J., sustaining defendant…
1Opinion of the CourtMitchell, J.
The only question presented by this ease is whether the absolute guarantor of the payment of a promissory note, upon the same instrument, may be joined as defendant with the maker. At common law those holding different relations to the same instrument, as makers, drawees, indorsers, etc., could not be united in the same action. A radical change in this respect has been made by statute in most of the states, including our own. “Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same instrument,…
2Cases cited1 opinion
- Marvin v. AdamsonSupreme Court of Iowa · 1860
3Cited by10 opinions
- Midland National Bank v. Security Elevator Co.Supreme Court of Minnesota · 1924
- Bank of Commerce v. SmithSupreme Court of Minnesota · 1894
- Singer v. SingerSupreme Court of Minnesota · 1927
- State Ex Rel. First Minneapolis Trust Co. v. FosseenSupreme Court of Minnesota · 1934
- Manchester Savings Bank v. LynchSupreme Court of Minnesota · 1922
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