Yerxa v. Ruthruff
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Action by T. E. Yerxa v. W. E. Ruthruff and L. L. Ruthruff. Judgment for plaintiff, and L. L. Ruthruff appeals. Failure to establish claim against solvent principal’s estate discharges the surety. Roberts, Thorpe & Co., v. Laughlin, 4 N. D. 167, 59 N. W. 967; Stackpole v. D. L. & T Co., 10 S. D. 389, 73 N. W. 258; Brown v. Ch. R. I. & P. Ry.
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Appeal from District Court, Cass county; Pollock, J. Action by T. E. Yerxa v. W. E. Ruthruff and L. L. Ruthruff. Judgment for plaintiff, and L. L. Ruthruff appeals. Failure to establish claim against solvent principal’s estate discharges the surety. Roberts, Thorpe & Co., v. Laughlin, 4 N. D. 167, 59 N. W. 967; Stackpole v. D. L. & T Co., 10 S. D. 389, 73 N. W. 258; Brown v. Ch. R. I. & P. Ry. Co., 107 N. W 1024. Failure to sue solvent principal at surety’s request does not discharge the latter. National Bank of South Reading v. Sawyer, 59 N. E. 76, 83 Am. St. Rep. 292; Story’s Eq. Juris.…
1Opinion of the CourtCarmody, J.
This action was brought by respondent to recover judgment on a promissory note of date January 11, 1902, executed and delivered by defendants to respondent for the sum of $300, due October 1, 1902. It appears from the face of the note that the same was executed by defendants to respondent jointly as joint makers. The facts, so far as may be necessary to a decision of the case, are as follows: At the time of the making and delivery of said note to respondent the defendant W. E.' Ruthruff and appellant, L. L. Ruthruff, were husband and wife, and lived in the city of Fargo. Defendant W. E.…
2Cases cited10 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- Sichel v. De CarrilloCalifornia Supreme Court · 1871
- Board of County Commissioners v. Security BankSupreme Court of Minnesota · 1899
- Taylor v. BeckIllinois Supreme Court · 1851
- Bull v. AllenSupreme Court of Connecticut · 1848
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3Cited by15 opinions
- State Bank of Burleigh County v. PorterNorth Dakota Supreme Court · 1969
- JR Watkins Company v. VangenNorth Dakota Supreme Court · 1962
- Romero v. HopewellNew Mexico Supreme Court · 1922
- In Re Estate of CarpenterSupreme Court of Iowa · 1930
- Denver-Chicago Trucking Co. v. LindemanDistrict Court, N.D. Iowa · 1947
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