127 Minn. 203 | Minn. | 1914
Plaintiff Carlson and J. P. Schmidt were co-sureties on a bond to one Mackey. On August 5, 1911, Mackey procured a joint judgment against them for $1,184.17, and procured an execution and caused levy to be made upon the property of Schmidt. After some negotiations, Mackey agreed to accept $1,000 in settlement of his judgment. On February 29, 1912, J. P. Schmidt procured this amount and paid it over, and an assignment of the judgment was taken in the name of his son, the defendant Peter Smith, Jr. There is evidence that J. P. Schmidt directed that this assignment be made to defendant in payment for services rendered since defendant became of age. On March 1, 1912, the first execution was returned by the sheriff half satisfied, and on the same day a new execution was
Judgment affirmed.