County of Hettinger v. Trousdale

(on petition for rehearing). The defendants have filed a petition for rehearing in which they strenuously contend that the facts as found by the trial court and approved by this court clearly show that the arrangement whereby the county of Hettinger accepted trust certificates issued by the depositors’ .committee resulted in a novation under the provisions of ¶ 2, § 5830, N. D. Comp. Laws 1913, and that the sureties are thereby released. It is asserted that a new debtor was substituted in place of tbe old one with intent to release the latter. They cite the case of Oakland County v. Allen,…