Eaton v. Delay
North Dakota Supreme Court
Appeal from a judgment of the District Court of Ramsey County; Buttz, J. Plaintiff appeals. The parties here signed the note as makers; they are absolutely liable, and required to pay it; they cannot afterwards be heard to assert the contrary. Wolstenholme Y. Smith, 34 Utah, 300, 97 Pac. 329; Bev. Codes 1905, § 6421; Comp. Laws 1913, § 7004. The signers were all principal debtors; none were mere sureties, and none were discharged.
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Appeal from a judgment of the District Court of Ramsey County; Buttz, J. Plaintiff appeals. The parties here signed the note as makers; they are absolutely liable, and required to pay it; they cannot afterwards be heard to assert the contrary. Wolstenholme Y. Smith, 34 Utah, 300, 97 Pac. 329; Bev. Codes 1905, § 6421; Comp. Laws 1913, § 7004. The signers were all principal debtors; none were mere sureties, and none were discharged. A mere memorandum reference written in the margin of a promissory note, stating a future date for payment, is not a material alteration. Northern State Bank v.…
1Opinion of the CourtChristianson, J.
The plaintiff, at the solicitation of the defendant Delay, agreed to loan him $575, upon the condition that the joint promissory note of the three defendants, Delay, Jones, and Dunn, for that amount be executed and delivered to the plaintiff. The note was executed and delivered, and the defendant Delay received from the plaintiff the full amount of the loan agreed upon. The note as delivered to plaintiff was in words, figures, and form as follows:
About December 1, 1912, at the request of the defendant Delay, the plaintiff agreed to extend the time of payment to May 1, 1913. The defendant…
2Cases cited19 opinions
- Woodworth v. President, Directors, & Co. of the Bank of AmericaNew York Supreme Court · 1821
- Cambridge Savings Bank v. HydeMassachusetts Supreme Judicial Court · 1881
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
- Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
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3Cited by6 opinions
- Clem v. ChapmanCourt of Appeals of Texas · 1924
- Clifton Mercantile Co. v. GillaspieCourt of Appeals of Texas · 1928
- Pearson v. Southall BrothersCourt of Appeals of Tennessee · 1930
- Sloan v. StateTennessee Supreme Court · 1933
- Munson v. ScheidIndiana Court of Appeals · 1924
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