Stevens v. Oaks
Michigan Supreme Court
Error to Montcalm. (Y. II. Smith, J.) Assumpsit. Plaintiff brings error. A surety is discharged by granting his principal an extension of time: 1 Pars. Ñ. & B. 241; Miller v. Stewart 9 Wheat. 680; Fellows v. Prentiss 3 Den. 512; Brigham v. Went-worth 11 Cush. 123 ; Wilson v. Lloyd L. R. 16 Eq.
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Error to Montcalm. (Y. II. Smith, J.) Assumpsit. Plaintiff brings error. A surety is discharged by granting his principal an extension of time: 1 Pars. Ñ. & B. 241; Miller v. Stewart 9 Wheat. 680; Fellows v. Prentiss 3 Den. 512; Brigham v. Went-worth 11 Cush. 123 ; Wilson v. Lloyd L. R. 16 Eq. Cas. 60 ; Ohie v. Spencer 2 Whart. 253 ; Smith v. Shelden 35 Mich. 49; Heffron v. Ilanaford 40 Mich. 307; Ward v. Stout 32 111. 399 ; a sole maker of a note may be a surety: Brandt on Suretyship 825 ; it may be shown by parol that one signed a note as surety: Wilson v. Green 25 Yt. 450 ; Mariners' Banh…
1Opinion of the CourtCampbell, J.
Defendant was sued 'upon a note which he signed as joint maker with his brother C. S. Oaks in 1872. The note is in form joint and several. The defense was that defendant signed as a mere surety, and that C. S. Oaks was the principal debtor and had been given time by an extension to which defendant was not a party.
The testimony was uncontradicted that the money was lent to C. S. Oaks, and that the note was extended for a valuable consideration. There was nothing left for the jury unless there was some conflict. Plaintiff appeared as a witness and only testified that it was understood defendant…
2Cited by4 opinions
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