Skousen v. Smith

HENRIOD, Justice:

Appeal from a judgment in favor of plaintiff on a promissory note. Affirmed with costs to plaintiff.

The facts viewed more favorably to the plaintiff Skousen (plus some less favorable) may be related as follows: On February 1, 1962, Smith 1 not only prepared, but signed a personal note payable to Skousen due in two years. The note contained the following provision: “It is agreed that the drawer of this note shall not be liable hereunder until and unless payment is received from . . . Walker on notes executed by him in the total sum of $13,977.70.” The Walker notes were not…