Public-domain · open source
OpenJurist

35 Minn. 434

Lahmers v. Schmidt

Supreme Court of Minnesota

Decided July 14, 1886

Supreme Court of Minnesota · decided 1886-07-14

The plaintiff brought this action in the district court for Olmsted county, to recover the unpaid balance due upon a promissory note. The complaint set out in substance the following facts: On October 1, 1878, one Harmon, being the owner of certain land, mortgaged it to one Stephenson to secure payment of $550. On December 19, 1878, he gave a second mortgage on the same land to one Charlesl Lahmers, to secure the payment of his note for $286.

Cited by 1 later decisions — most recently May 1909

1 state decisions

Relies on Craig v. . Parkis · Barlow v. . Myers

Good law ✅— No negative treatment on recordhow we know

Decided 1886-07-14

View the full empirical analysis of this case →

Yanderburgh, J.

¶1The agreement of the defendant with Harmon to pay the amount of the note and mortgage held by Charles Lah-mers against him was a valid obligation, upon a sufficient consideration moving from Harmon to the defendant. This was not disputed by defendant upon the argument. The verdict of the jury determined that the defendant undertook to pay off the debt and discharge the incumbrance in question, being the amount of principal and interest due when the agreement became operative. Subsequently, Charles Lahmers sold and assigned the mortgage, together with the note accompanying the same, to the plaintiff, who brings this action. The defendant contends that the cause of action which Charles Lah-mers had against him upon the alleged promise did not pass by this ■assignment. To this we do not agree. The assignment carried with it the obligations of all persons who were bound to pay the principal debt. The promisee, Charles Lahmers, acquired, through the promise of the defendant, additional security for the payment of his debt, and such security passed with the assignment to the plaintiff as an incident, and he may enforce it. Barlow v. Myers, 64 N. Y. 41; Craig v. Parkis, 40 N. Y. 181.

¶2Judgment affirmed.

/35/minn/434 · .json · Public domain