Windhorst v. Bergendahl
South Dakota Supreme Court
Appeal from Circuit Court, Deuel County. Hon. GiíORGfí H. Marquis, Judge. Action by William Windhorst against B. A. Bergendahl and others. Erom an adverse judgment, plaintiff appeals. Where one signs a note for another and the consideration passes to that other from the payee, and such one receives the entire consideration and this is known to the payee still such party so signing and receiving none of the consideration is a principal maker.
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Appeal from Circuit Court, Deuel County. Hon. GiíORGfí H. Marquis, Judge. Action by William Windhorst against B. A. Bergendahl and others. Erom an adverse judgment, plaintiff appeals. Where one signs a note for another and the consideration passes to that other from the payee, and such one receives the entire consideration and this is known to the payee still such party so signing and receiving none of the consideration is a principal maker. Warburton v. Ralph, 9 Wash. 537; Aud v. Magruder, 10 Cal. 288; Shriver v. Lovejoy, 32 Cal: 574; Harlan v. Ely, 55 Cal. 340. One who signs a note for the…
1Opinion of the CourtFuller, P. J.
The trial of this action on a promissory note resulted im the discharge of the respondents Trageser from all liability on the theory that they signed the same as sureties for the nonappearing defendant, B. A. Bergendahl, and that appellant, to whom the note was given, extended the time of payment for one ■year for a valuable consideration and without their knowledge or consent. While by the terms of the. promissory note the three signers appear to be joint makers, the record discloses facts amply sufficient to charge appellant with knowledge that P. A. Trageser *220and Stephen Trageser signed the…
2Cases cited9 opinions
- Corbett v. CloughSouth Dakota Supreme Court · 1896
- Bailey Loan Co. v. SewardSouth Dakota Supreme Court · 1896
- Barry v. StoverSouth Dakota Supreme Court · 1906
- Hollingsworth v. . TomlinsonSupreme Court of North Carolina · 1891
- McCormick Harvesting Machine Co. v. RaeNorth Dakota Supreme Court · 1900
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3Cited by8 opinions
- Figari v. OlceseCalifornia Supreme Court · 1921
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- First Nat. Bank v. LarsonSouth Dakota Supreme Court · 1928
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