Manning v. Cullen
| Decision Date | 22 July 1892 |
| Parties | Almeda Manning v. John J. Cullen |
| Court | Minnesota Supreme Court |
July 12, 1892, Submitted on Briefs
Appeal by plaintiff, Almeda Manning, from a judgment of the District Court of Ramsey County, Egan, J., entered March 17, 1892.
On January 3, 1890, one Bellows was the owner of lots three (3) and four (4) in Kribs and Gill's Subdivision of block eighty-eight (88) of Banning and Olivier's Addition to West St. Paul. On that day he conveyed the said lots, by warranty deed, to Frank J. Brehler, who, to secure part of the purchase price, executed and delivered to Bellows his notes for $ 800, secured by mortgage on the lots. The notes were afterwards indorsed by Bellows, and plaintiff became the owner and holder of them. On December 30, 1890, Brehler conveyed the lots by warranty deed to defendant, John J Cullen, subject to the mortgage. When the first note became due, plaintiff brought suit against Brehler and Bellows thereon, and recovered judgment against Brehler on February 7, 1891, for $ 448.78. This judgment has not been paid.
Plaintiff alleges that Cullen was the real party in interest, and verbally agreed to pay the notes when they were made, and also at the time of the deed from Brehler to him. The evidence was conflicting, Brehler testifying to the facts substantially as claimed by the plaintiff, and Cullen denying that he ever agreed to pay the notes. The court below found as a fact that Cullen did not agree to assume or pay the notes. Judgment was entered on the findings in favor of defendant, and plaintiff appeals.
Judgment affirmed.
Warner Richardson & Lawrence, for appellant.
Dodd & Bowman, for respondent.
On the 3d day of July, 1890, one Bellows was the owner of the land described in the complaint, and on that day he conveyed the same by warranty deed to Frank J. Brehler, who, in part payment therefor, executed his notes to Bellows for $ 800 secured by a purchase-money mortgage. The notes were afterwards indorsed and transferred to the plaintiff, who is the present owner thereof. Thereafter, on December 30, 1890 Brehler conveyed the same land to the defendant, subject to the mortgage. It is alleged in the complaint that at the time of the conveyance to him, and in consideration thereof, the defendant expressly agreed to assume and pay these notes. It is also alleged that he had so promised and agreed when the purchase...
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