William Deering & Co. v. Mortell
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. J. H. McCoy, Judge. Action by William Deering & Co. against Richard Mortell and others. From a judgment for defendants, plaintiff appeals. This is an agreement in the most absolute terms, to answer for any default of Mortell, and these guarantors expressly stipulate therein to be conclusively bound by the written acknowledgement of the agent.
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Appeal from Circuit Court, Grant County. Hon. J. H. McCoy, Judge. Action by William Deering & Co. against Richard Mortell and others. From a judgment for defendants, plaintiff appeals. This is an agreement in the most absolute terms, to answer for any default of Mortell, and these guarantors expressly stipulate therein to be conclusively bound by the written acknowledgement of the agent. London & S. F. Bank Ltd. v. Parrott, et al, 58 Pac. 164; Scribner et al, v. Schenkel, et al, 60 Pác. 860; Furst & Brad-' ley Mfg. Co. v. Black, 12 N. E. 504. The contract of guaranty in the case at bar,…
1Opinion of the CourtHaney, J.
The allegations of the complaint are in substance as follows: That on March 31, 1892, the plaintiff and defendant Mortell entered into an agency contract; that on the same day the defendants Kaercher, Benedict, and Eockhart guarantied in writing the performance of such contract; .that such guaranty was accepted by the plaintiff,, of which acceptance the guarantors had notice; that on October 11, 1892, an accounting was had according to the terms of the contract, whereby it was ascertained that Mor*161tell owed the plaintiff $6,171.89 which he promised to pay; and that he still owes the plaintiff…
2Cases cited3 opinions
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Standard Sewing Machine Co. v. ChurchNorth Dakota Supreme Court · 1903
- Fisk v. StoneSupreme Court Of The Territory Of Dakota · 1888
3Cited by14 opinions
- Robey v. Walton Lumber Co.Washington Supreme Court · 1943
- Berlin v. BerensSouth Dakota Supreme Court · 1956
- International Textbook Co. v. MabbottWisconsin Supreme Court · 1915
- M. E. Smith & Co. v. KimbleSouth Dakota Supreme Court · 1917
- McClain v. Georgian Co.Court of Appeals of Georgia · 1916
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