Kennedy v. Falde
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Lincoln county. The facts appear iu the opinion. Delay does not exonerate a surety. Civil Code Sec. 1668 Oral evidence was competent to explain the circumstances un der which the letters were written. Greenleaf Ev. Sec. 297 Civil Code Sec. 938; Pearson v. Post, 2 Dak. 220. The alleged notice by the surety to the creditor was insufficient.
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Appeal from the district court of Lincoln county. The facts appear iu the opinion. Delay does not exonerate a surety. Civil Code Sec. 1668 Oral evidence was competent to explain the circumstances un der which the letters were written. Greenleaf Ev. Sec. 297 Civil Code Sec. 938; Pearson v. Post, 2 Dak. 220. The alleged notice by the surety to the creditor was insufficient. Wilson v. Tebbetts, 29 Ark. 579; Ranturns v. Lacy, 17 Mo. 299; Dane v. Corduan, 24 Cal. 157, Herrick v. Boost, 4 Hill 657; Hays v. Joseph, 26 Cal. 543: 32 Cal. 577; 34 Cal. 281; 42 Cal. 500; Smith v. Freyler, 1 Pac. 219. The…
1Opinion of the CourtPalmer, J.
The plaintiff and appellant instituted this action in the district court to recover the balance due upon two promissory notes bearing date July 7, 1877, — one for $165 and the other for $150. Upon the $165 note interest was payable at the rate of 12 per cent per annum, and upon the $150 note interest at 10 per cent, per annum. Upon the $165 note were two indorsements, one for $20 May 5, 1878, and one for $50 December 5, 1879. Upon the $150 note various payments have been made, so that from the plaintiff’s complaint there appeared to be due upon the "'165 note the sum of $157.72, and upon the…
2Cases cited5 opinions
- Moore v. PetersonSupreme Court of Iowa · 1884
- Hayes v. KnoxMichigan Supreme Court · 1879
- Galloway v. McLeanSupreme Court Of The Territory Of Dakota · 1881
- German-American Bank v. DenmireSupreme Court of Iowa · 1882
- Dorothy v. HicksSupreme Court of Iowa · 1884
3Cited by16 opinions
- Hiestand v. RistauNebraska Supreme Court · 1939
- James v. HoodNew Mexico Supreme Court · 1914
- Pease v. MagillNorth Dakota Supreme Court · 1908
- Banbury v. SherinSouth Dakota Supreme Court · 1893
- Medlock v. StateCourt of Criminal Appeals of Texas · 1927
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