Benedict v. Olson
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Olmsted county, upon two promissory notes, one of which was signed by the defendants Severt Olson and Knut Thoe, and by one Fladigal, as makers, in the usual manner, and the other was signed by the defendants Olson and Thoe, and by one Gulson, as makers, in the usual manner.
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Plaintiff brought this action in the district court for Olmsted county, upon two promissory notes, one of which was signed by the defendants Severt Olson and Knut Thoe, and by one Fladigal, as makers, in the usual manner, and the other was signed by the defendants Olson and Thoe, and by one Gulson, as makers, in the usual manner. The defendant Olson, among other defences, pleaded as a defence to the second note that he was merely a surety, and that the plaintiff had extended the time of payment thereon to the other makers without his knowledge and consent, and thereby released him. Upon the…
1Opinion of the CourtVandeebukgh, J.
1. The defendant Olson claims to have signed the notes in suit as surety, though that relation as between him and the other signers is not disclosed on the face of the paper. Upon the trial he offered to show that, while Fladigal, the alleged principal on one of the notes, was solvent, he requested the plaintiff to commence suit, and collect the same of him, which plaintiff neglected to do. It *432did not, however, appear from the evidence, nor did the defendant, offer to show, that Fladigal had since become insolvent, or had, in fact, left the jurisdiction, or that he had himself offered to…
2Cases cited2 opinions
- State v. BachelderSupreme Court of Minnesota · 1861
- Reynolds v. Steamboat FavoriteSupreme Court of Minnesota · 1865
3Cited by12 opinions
- Durfee v. KellyMassachusetts Supreme Judicial Court · 1917
- National Bank of Poteau v. LowreySupreme Court of Oklahoma · 1916
- Mingus v. DaughertySupreme Court of Iowa · 1893
- Pinch v. McCullochSupreme Court of Minnesota · 1898
- Merrill v. ZimmermanSupreme Court of Minnesota · 1922
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