Legal Opinion

Burns v. Maltby

Supreme Court of Minnesota

Decided April 16, 1890PublishedCited by 4 opinions

Appeal by defendant William H. Ulmer (one of the sureties in the bond on which the action was brought) from an order of the district court for Bamsey county, refusing a new trial after trial before Wilkin, J., and verdict of $4,081.07 directed for plaintiffs.

1Opinion of the CourtCollins, J.

Maltby, one of the defendants, entered into a contract with' W. A. and C. W. Fitzer, to erect and complete for them a certain building. As permitted and authorized by the terms of the statute then in force, (Gen. St. 1878, c. 90, § 3,) Maltby, as principal, with one Gregg and the appellant, Ulmer, as sureties, entered into a bond with the said Fitzers for the use of all who might do work or furnish materials, conditioned that Maltby should pay all just claims for work done or to be done, and for all materials furnished or to be furnished, pursuant to the said contract, and in the execution of…

2Cases cited2 opinions

  1. Vogel v. D. M. Osborne & Co.Supreme Court of Minnesota · 1884
  2. Siebert v. LeonardSupreme Court of Minnesota · 1875

3Cited by4 opinions

  1. Carlson v. FredsallSupreme Court of Minnesota · 1949
  2. Salo v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1913
  3. Carpenter v. Tri-State Telephone & Telegraph Co.Supreme Court of Minnesota · 1926
  4. Gray v. Minnesota Tribune Co.Supreme Court of Minnesota · 1900

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