Huey v. Pinney
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT C0URT OF HENNEPIN COUNTY. Points and authorities of Appellants: I. The order denying a new trial was erroneous, because the Court below erred in excluding any evidence on the part of the Defendant, and also in granting Plaintiff’s motion for judgment upon the pleadings. The answer disclosed a perfect defence to the action.
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APPEAL FROM THE DISTRICT C0URT OF HENNEPIN COUNTY. Points and authorities of Appellants: I. The order denying a new trial was erroneous, because the Court below erred in excluding any evidence on the part of the Defendant, and also in granting Plaintiff’s motion for judgment upon the pleadings. The answer disclosed a perfect defence to the action. The rule or criterion, says Harris, J. in Shroeppel vs. Shaw, 3 Gomst. 462, by which to determine in any and every,case whether a creditor has done or omitted to do any act which will have the effect to exonerate the surety, is stated with perfect…
1Opinion of the Court
By the Court
ElaNdkau, J.
The complaint in this action is upon two promissory notes, dated July 9th, 1857— one payable on the 27th day of October, and the other on the 27th day of September, then next. The notes are made by the Defendants Woodman and Huey, to the order of the Defendant Murphy, and endorsed by him. The complaint alleges in regard to both the notes that Huey signed them as surety.
The Defendant Huey answers and admits that he signed the notes as surety, as alleged in the complaint, but avers that he so signed them upon the express condition, known to the Plaintiff, that the notes…
2Cases cited4 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Beardsley v. WarnerNew York Supreme Court · 1831
- Cope v. SmithSupreme Court of Pennsylvania · 1822
3Cited by5 opinions
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- MacKenzie v. Summit National Bank of St. PaulCourt of Appeals of Minnesota · 1985
- Smith v. FreylerMontana Supreme Court · 1882
- Borchardt v. KulickSupreme Court of Minnesota · 1951
- Harrington v. LoomisSupreme Court of Minnesota · 1865