Baxter v. Chute
Supreme Court of Minnesota
Appeal by Edwin Cooley, one of the defendants, from an order of the District Court of Hennepin County, Hicks, J., made September 25, 1891, denying his application to be allowed to answer after default. It was shown to the Court below that appellant submitted his case to his attorney, and was told that the principal debtors having answered, his rights would be protected, and he need not answer. Eelying on this he neglected to answer.
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Appeal by Edwin Cooley, one of the defendants, from an order of the District Court of Hennepin County, Hicks, J., made September 25, 1891, denying his application to be allowed to answer after default. It was shown to the Court below that appellant submitted his case to his attorney, and was told that the principal debtors having answered, his rights would be protected, and he need not answer. Eelying on this he neglected to answer. The District Court held that his failure to answer was due to his mistake of law, and denied his application. Appellant contends that this is not the question at…
1Opinion of the CourtDickinson, J.
This action is prosecuted to recover upon several promissory notes executed to the plaintiff by the defendants Chute, and across the back of which also the defendant Cooley wrote his name before the delivery of the notes, for the accommodation of the defendants Chute, as may be considered for the purposes of this appeal. As to the plaintiff, Cooley thereby assumed the liability of a maker, while as to the other defendants he occupied the position of a surety. The defendants Chute interposed an answer setting up *166the defense of usury. The defendant Cooley bad previously consulted an attorney,…
2Cases cited4 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Wicke v. LakeWisconsin Supreme Court · 1867
- Brown v. BrownSupreme Court of Minnesota · 1887
- Jorgensen v. BoehmerSupreme Court of Minnesota · 1864
3Cited by17 opinions
- Sommers v. ThomasSupreme Court of Minnesota · 1958
- Douglass v. ToddCalifornia Supreme Court · 1892
- Hall v. McConeyMissouri Court of Appeals · 1910
- Searles v. ChristensenSouth Dakota Supreme Court · 1894
- McFarlane v. McFarlaneOregon Supreme Court · 1904
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