Fall v. Youmans
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Hennepin county, Pond, J., denying a motion for a new trial. Tbe contract of guaranty is assignable witb the note. Everson v. Gere, 40 Hun, 248. When the maker of a note which is guarantied removes from the state before it falls due, the holder may resort to his action on the warranty without pursuing the maker. White v. Case, 13 Wend. 542; Edwards, Bills, etc. (3rd Ed.) § 335; Daniel, Neg. Inst.
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Appeal by plaintiff from an order of tbe district court for Hennepin county, Pond, J., denying a motion for a new trial. Tbe contract of guaranty is assignable witb the note. Everson v. Gere, 40 Hun, 248. When the maker of a note which is guarantied removes from the state before it falls due, the holder may resort to his action on the warranty without pursuing the maker. White v. Case, 13 Wend. 542; Edwards, Bills, etc. (3rd Ed.) § 335; Daniel, Neg. Inst. (4th Ed.) § 1769a; Cooke v. Nathan, 16 Barb. 342; Mosier v. Waful, 56 Barb. 80; First Nat. Bank v. De Morse (Tex.) 26 S. W. 417; Burt v.…
1Opinion of the CourtMitchell, J.
In November, 1893, at Neilsville, Wisconsin, a Mrs. Rodman executed to defendant a promissory note, payable 18 *84months after date, no place of payment being specified. In September, 1894, in the state of Minnesota, the defendant sold and transferred the note to plaintiff’s assignor, and at the same time guarantied its collection. Plaintiff brought this action against the defendant as guarantor. When the plaintiff rested the court dismissed the action.
Objection is made to the sufficiency both of the complaint and of the evidence, but both involve the same question. The complaint alleged that at…
2Cases cited2 opinions
- Young v. YoungSupreme Court of Minnesota · 1871
- White v. CaseNew York Supreme Court · 1835
3Cited by7 opinions
- Furst v. McNittSupreme Court of Kansas · 1919
- Bradshaw v. BarberSupreme Court of Minnesota · 1914
- Holbert v. WermerskirchenSupreme Court of Minnesota · 1941
- Kesner v. Inland Empire Land Co.Washington Supreme Court · 1928
- Dresser v. NORTH STAR WORLD'S FAIR CORPORATIONSupreme Court of Minnesota · 1971
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