Fisk v. Stone
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Temer county ; Hon. C. S. Palmer, Judge. This was an action by I). B. Fisk, I). M. Fisk and J. E. L. Frasher, copartners, under the name of D. B. Fisk & Co., against George W. Stone, defendant, on an alleged guaranty.
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APPEAL from the district court, Temer county ; Hon. C. S. Palmer, Judge. This was an action by I). B. Fisk, I). M. Fisk and J. E. L. Frasher, copartners, under the name of D. B. Fisk & Co., against George W. Stone, defendant, on an alleged guaranty. The complaint charged that on the 25th of April, 1884, in consideration that plaintiffs would sell to one Mrs. L. B. Hollenbeck certain goods to be thereafter ordered by her, he promised to be answerable for the payment of the same to an amount not exceeding $300; that on the faith of said guaranty plaintiffs did thereafter sell and deliver to…
1Opinion of the Court
By the Court :
The judgment is affirmed.
1. The case discloses the fact that the guaranty was intended to be absolute.
2. That, if an offer of guaranty, the defendant by his conduct waived the right of notice.
3. The terms of the guaranty were complied with.
4. The complaint was sufficient.
All the iustiees concur, except Francis, J.. who dissents.
2Cited by7 opinions
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- W. T. Rawleigh Medical Co. v. LaursenNorth Dakota Supreme Court · 1913
- Lean v. GeaganCalifornia Court of Appeal · 1912
- Carson v. Hurst & Co.Supreme Court of Georgia · 1912
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