Brenner v. Weaver
Supreme Court of Kansas
The facts in this case sufficiently appear in the opinion oí' the court. I. It is a well settled principle that a promise to pay the existing obligation of another, constitutes such promise a guaranty only when such obligor is not discharged. II.
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The facts in this case sufficiently appear in the opinion oí' the court. I. It is a well settled principle that a promise to pay the existing obligation of another, constitutes such promise a guaranty only when such obligor is not discharged. II. An action cannot be sustained against a guarantor until after notice of non-payment. {Douglas al. vs. Reynolds et al, 7 Deters R., 126.) No notice or proof of demand was shown in this case, but the failure appears. {See record.) III. Such demand and notice must be averred in the bill or petition, this being essential to recovery. (Seney’s Civil Code,…
1Opinion of the Court
By the Court,
Kingman, J.
The record shows that Lee A. Hoffman gave his note to Hartman & Weaver for seventy-four dollars and thirty-two cents, in the usual form, to which is added this stipulation:
“ This note is' given to Hartman & Weaver for notes and accounts received of them. Now, if there should be any legal accounts or offsets brought against said accounts or notes, the saméis to be deducted from the amount of this note.”
Upon this note, without date, is the following undertaking:
“For value received I promise to pay the within mentioned money to Hartman & Weaver. Adam Brenner.”
The note,…
2Cited by4 opinions
- Green v. DunnSupreme Court of Kansas · 1869
- Guaranty Investment Co. v. GambleSupreme Court of Kansas · 1918
- Barclay v. SalmonOhio Circuit Courts · 1898
- Barclay v. SalmonFayette Circuit Court · 1898