The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-16
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y Supreme Court Decisions s

McConnon & Company. plaintiff
ct. al, and Walter Nelson and Knud
Christensen. appellants.
l: The complaint alleges that
plaintiff "is and was a corporation
uly recognized and existing accord
Ing to law" II sets out in full the
contract for breach of which suit is
brought, In which plaintiff, party OF
the first part. is designated as "a cor.
poration of Winona, minnesota" Held
that the complaint by reasonable in
ference alleges that the plaintiff is
a foreign corporation, mt that 1t was
not eerror for the trial court to over
rule the demurrer to the complaint
upon the ground that the complaint
did not contain the allegations re-
CURED by section 1851 of the revised
codes of 1905.
2. The express provisions Of Sec
ton 1862 of revised codes Of 1905,
in an action by a corporation. the
plaintiff need not prove upon the trial
the existence of the corporation. un-
less the answer, an allegation of
which denies the existence Of the cor
poration. is verified. In the case at
bar the answer is not verified: there
foro the admission of incompetent
evidence tending to prove corporate
existence of plaintiff was not preju-
dirial to the defendant, and is not
grounds for reversing the Judgment
of the trial court.
3. On tho back of a written instru-
ment containing all the terms and
conditions of a contract whereby the
plaintiff is to sell and deliver to de-
1endant. l-aursen. goods, wares and
merchandise. {. o. b. Winona, Mime
sofa. is endorsed in writing the fol
lowing: I'm consideration of the
sum of ono dollar to us In hand paid
by the party of the first part, and in
further consideration Of the execu-
t1on by IT of the within agreement,
and the sale and delivery of it's goods
as therein provided to the party Of the
second part. we. the undersigned
Jointly and s%everally guarantee to the
said party of the first part. it's sue
cessors and assigns. the full and COM
plete payment Of all Indebtedness of
the party of tho second part to the
party Of the first part arising under
said agreement according to the
terms and conditions thereof, and at
the time and in the manner provided
therein.
"siened. Walter Nelson. Knud
Christensen"
Held. that such endorsement is an
absolute guarantee to pay for such
S"''S . dIG NeilNeIeu 10
L%aursen, by the plaintiff pursuant ia
the instrument on which such en-
dorsement is contained. requiring no
notice of acceptance by plaintiff, and
that it is immaterial as to whether
the consideration Of one dollar. stip-
ulated therein. was or was not paid.
and imnaterial as to whether the in
strument on which Endorsement was
contained. was signed by plaintiff at
the time such Endorsement was signed
by the defendants, %gurantors, and i'm
material as to whether defendants.
guarantors. We're notified Of the de-
fault of defendant. Laursen. principal
debtor. within a reasonable time aft
or his default.
tSyllabus by the court.)
Action on guaranty. From a judg-
ment Of the district court Of Barnes
county, Burke. Judge. in favor Of
plaintiff. defendants Nelson and Chris
tenson appeal.
Affirmed.
Opinion by Nuchols. district Judge.
Mr.. Justice Burke being disqualified.
did not participate. Hon. S. L.. Much
OILS of the Twelfth Judicial district sit
ting in place by request.