American Building & Loan Ass'n v. Dahl
Supreme Court of Minnesota
Appeal by plaintiff, the American Building and Loan Association, from an order of the District Court of Hennepin County, William Lochren, J., made December 10, 1892, denying its motion for a new trial. The defendant, Ole Dahl, borrowed of plaintiff $10,000, and to secure payment, mortgaged to it a lot on Twenty-Fourth Street on which he had just built a house.
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Appeal by plaintiff, the American Building and Loan Association, from an order of the District Court of Hennepin County, William Lochren, J., made December 10, 1892, denying its motion for a new trial. The defendant, Ole Dahl, borrowed of plaintiff $10,000, and to secure payment, mortgaged to it a lot on Twenty-Fourth Street on which he had just built a house. To protect plaintiff from prior liens for work done and materials used íd constructing the building, Dahl, and the other defendants as sureties, on September 28, 1889, gave it their bond in the penal sum of $10,000, conditioned that…
1Opinion of the CourtVanderburgh, J.
The defendants Fagan and Cleveland are sued as the sureties of defendant Dahl in a certain bond, in and by which they undertake, upon the consideration recited, that the defendant Dahl, as principal, shall pay and discharge all claims for labor employed or material furnished in the construction of certain buildings on the premises described in the complaint. Their defense, which prevailed in the trial court, is that set up in the answer of these sureties, viz.: “That at the execution of said bond, of which said ‘Exhibit A’ is a copy, it was mutually agreed by and between all parties to this…
2Cases cited1 opinion
- Smith v. VictorinSupreme Court of Minnesota · 1893
3Cited by4 opinions
- Eugene Dietzgen Co. v. KokoskySupreme Court of Louisiana · 1904
- Clare County Savings Bank v. FeatherlyMichigan Supreme Court · 1912
- Smith v. VictorinSupreme Court of Minnesota · 1893
- Kidd v. New Hampshire Traction Co.Supreme Court of New Hampshire · 1907