Legal Opinion

D. M. Osborne & Co. v. Baker

Supreme Court of Minnesota

Decided December 1, 1885PublishedCited by 12 opinions

Plaintiff (a corporation) brought this action against defendant upon his written guaranty of payment upon certain promissory notes.

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Plaintiff (a corporation) brought this action against defendant upon his written guaranty of payment upon certain promissory notes. At the trial in the district court for Yellow Medicine county, before Brown, J., (a jury being waived,) plaintiff introduced in evidence the notes with the written guaranty, and offered in evidence a contract of agency between plaintiff and defendant, by the terms of which the defendant was required to guaranty the payment of the notes in question. On defendant’s objection this contract was excluded. Plaintiff thereupon rested, and on defendant’s motion the…

1Opinion of the CourtMitchell, J.

This action was brought upon defendant’s guaranty of payment of certain promissory notes executed to plaintiff by one Gunderson. The guaranty which was indorsed on each of the notes was as follows: “For value received, I hereby guaranty the payment of the within note at maturity,” — and was signed by defendant.

The evidence offered on the trial, if admitted, would have tended to prove that this was an original and not a collateral undertaking, and hence not within the statute of frauds. It showed that the guaranty was executed in pursuance of a previous written agreement between the parties,…

2Cases cited15 opinions

  1. Day v. ElmoreWisconsin Supreme Court · 1856
  2. Cheney v. CookWisconsin Supreme Court · 1859
  3. Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
  4. Miller v. . CookNew York Court of Appeals · 1861
  5. Whitney v. StearnsSupreme Judicial Court of Maine · 1839

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3Cited by12 opinions

  1. Johnston v. WadsworthOregon Supreme Court · 1893
  2. Radke v. BrenonSupreme Court of Minnesota · 1965
  3. National Surety Co. v. WinslowSupreme Court of Minnesota · 1919
  4. Midland National Bank v. Security Elevator Co.Supreme Court of Minnesota · 1924
  5. Oregon Home Builders v. CrowleyOregon Supreme Court · 1918

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