Parrott v. Kane
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge Coumty. Action on appeal bond: Judgment was rendered for the plaintiff below by Woody, J. I. As a general rule á surety may set up in an action against him any legal or equitable defense which would have been available to his principal, and may introduce any evidence tending to maintain such defense.
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Appeal from Third Judicial District, Deer Lodge Coumty. Action on appeal bond: Judgment was rendered for the plaintiff below by Woody, J. I. As a general rule á surety may set up in an action against him any legal or equitable defense which would have been available to his principal, and may introduce any evidence tending to maintain such defense. He is not entitled to every exception which his principal may urge, but any thing which goes to the contract itself, such as fraud, violence, or whatever entirely avoids the obligation, he may plead. (Brandt on Suretyship, sec. 145; Baylies on…
1Opinion of the CourtDe Witt, J.
The plaintiff herein is the same person who was the plaintiff in the. case of Parrott v. Hungelburger, reported in 9 Mont. 526. He brought this action against John Kane and another, who were sureties on the stay bond on the appeal of Parrott v. Hungelburger. See the report of that case for the facts therein. That action was in the nature of ejectment, judgment being for the plaintiff The bond given by defendant thereon, on appeal, was that she would pay the-value of the use and occupation of the premises, not exceeding-five hundred dollars, pending the appeal. In this present action on that…
2Cases cited9 opinions
- Hathaway v. DavisCalifornia Supreme Court · 1867
- Gray v. PalmerCalifornia Supreme Court · 1865
- McLaughlin v. DohertyCalifornia Supreme Court · 1880
- Pierce v. WhitingCalifornia Supreme Court · 1883
- First National Bank v. RogersSupreme Court of Minnesota · 1868
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3Cited by8 opinions
- State ex rel. Dolenty v. District CourtMontana Supreme Court · 1910
- Woodward v. PerkinsMontana Supreme Court · 1946
- In Re Estate of MoodySupreme Court of Vermont · 1946
- Dackich v. BarichMontana Supreme Court · 1908
- State ex rel. Anderson v. District CourtMontana Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.