Frost v. Harbert
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action upon a guaranty of the payment of a promissory note. Judgment for defendant. Plaintiff appeals. A release of the principal debtor by the guarantee will also release the guarantor. In such case the debt is extinguished, and where there is no debt there is nothing on which to hold the guarantor. (Irons v. Manufacturers’ Nat.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action upon a guaranty of the payment of a promissory note. Judgment for defendant. Plaintiff appeals. A release of the principal debtor by the guarantee will also release the guarantor. In such case the debt is extinguished, and where there is no debt there is nothing on which to hold the guarantor. (Irons v. Manufacturers’ Nat. Bank, 36 Fed. 843; Glassel v. Coleman, 94 Cal. 260, 29 Pac. 508; Brown v. Ayer, 24 Ga. 288; Jamieson v. Holm, 69 111. App. 119; Tillotson v. Herrick, 66 111.…
1Opinion of the CourtStewart, C. J.
In May, 1907, the defendant Harbert purchased from the plaintiffs a certain tract of land, and as part of the purchase price for said land transferred and delivered to the plaintiffs a promissory note executed by Charles Beam to defendant Harbert, and at the time of said transfer and delivery the defendant orally represented and stated to the plaintiffs that said note was perfectly good, and would be paid by said maker as it became due, and that by reason of their relying upon said statements made by the defendant to the plaintiffs, the plaintiffs then and there accepted said note as' part…
2Cases cited7 opinions
- Schrader v. Manufacturers' Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Hungerford v. O'BrienSupreme Court of Minnesota · 1887
- Bernd v. LynesSupreme Court of Connecticut · 1899
- Miller v. Lewiston National BankIdaho Supreme Court · 1910
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- Smith v. Steele Motor Co.Idaho Supreme Court · 1933
- The W. T. Rawleigh Medical Co. v. AtwaterIdaho Supreme Court · 1921
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