44 Minn. 26 | Minn. | 1890
This is an action upon a bond executed by an alleged corporation as principal, and these appellants as sureties, (in conformity with the provisions of Gen. St. 1878, c. 90, § 3,) unto one Lanpher, for the use of all persons who might do work or furnish materials pursuant to a contract, then existing, whereby said corporation had agreed to erect and complete a dwelling-house for said Lanpher. The plaintiffs furnished the materials for the house, for which they have not been paid, and for the value of which they seek to recover of the appellant sureties. The defence attempted is that the principal named in the bond was never duly organized, and had no corporate existence; that the execution and delivery of the instrument was the unauthorized act of four persons — one of whom assumed to be the president of the corporation — out of a larger num
Judgment affirmed.
A motion for a reargument of this case was denied July 11, 1890.