Niblack v. Champeny
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action upon a promissory note. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. In this state the payment of usurious interest is not sufficient consideration for the extension of a promissory note, so as to discharge the surety, the payment for such purpose being absolutely void. 2 Rand. Com.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action upon a promissory note. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. In this state the payment of usurious interest is not sufficient consideration for the extension of a promissory note, so as to discharge the surety, the payment for such purpose being absolutely void. 2 Rand. Com. Paper, 967; Laws 1889, Chap. 70 Vilas v. Jones, 1 N. Y. 274; Shaw v. Binkard, 10 Ind. 277; Bank v. Harrison, 57 Mo. 503; Wily v. Hight, 39 Mo. 130; Par-well v. Mayer, 35 111. 41; Bank v. Place, 15…
1Opinion of the CourtHaney, J.
This action is upon a promissory note. Its execution is admitted, but defendant alleges that when he signed the same it was understood and agreed between him and the payee thereof that he should sign it as surety only; that the payee then accepted defendant as surety only; and that, after the maturity of the note, for a valuable consideration, the time of payment was extended for a period of 60 days from May 24, 1893, without notice to, or the knowledge or consent of defendant. At the conclusion of the trial each party moved for a direction of the verdict. Defendant’s motion was sustained,…
2Cases cited6 opinions
- Billington v. . WagonerNew York Court of Appeals · 1865
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- Corbett v. CloughSouth Dakota Supreme Court · 1896
- Hamilton v. ProutyWisconsin Supreme Court · 1880
- Wittmer v. EllisonIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Smith v. BlackfordSouth Dakota Supreme Court · 1929
- Brenneke v. SmallmanCalifornia Court of Appeal · 1905