Miners & Merchants Savings Bank v. Comer

SMITH, Commissioner.

By its complaint the plaintiff Bank prays for judgment on a promissory note executed by Comer, and a written contract executed by Reinhard Brothers Company which in terms guarantees payment of the Comer note. The defendant, Reinhard Brothers Company, pleaded facts which it asserted discharged it from liability under our statutes. The trial court held Reinhard Brothers Company to have been discharged. The appeal is by the Bank.

Our convenience will best be served by developing the material facts in the course of our discussion, and by referring to the parties as the Bank,…