People's State Bank v. Francis
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the People’s State Bank of Dakota against Eliza A. Francis. Defendant had judgment. Plaintiff appeals. The burden of proving suretyship and facts entitling her to a discharge from liability rested upon respondent.
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Appeal from District Court, Cass County; Pollock, J. Action by the People’s State Bank of Dakota against Eliza A. Francis. Defendant had judgment. Plaintiff appeals. The burden of proving suretyship and facts entitling her to a discharge from liability rested upon respondent. Slate Co. v. Bur-dick, 60 Minn. 270, 62 N. W. Rep. 285; Guderian v. Leland, 61 Minn. 67. The giving and accepting of collateral security which does not fall due until a future date does not of itself extend the time or discharge the surety. There is no presumption on such a transaction that there was an agreement for an…
1Opinion of the CourtBartholomew, C. J.
This case was tried by the Court. Plaintiff, failing to recover below, appeals, and- demands a new trial in this Court upon all the issues raised'by the pleadings. By the action plaintiff sought to recover a personal judgment against Eliza A. Francis, based upon the covenants to pay found in two certain ^eal estate mortgages executed by Orin W. Francis and Eliza A. Francis, who were *372husband and wife. The defense successfully made by Mrs. Francis was that she was surety for her husband, who was the principal debt- or, and that the creditor extended the time of payment to her principal without…
2Cases cited6 opinions
- In Re ChetwoodSupreme Court of the United States · 1897
- Ducker v. . RappNew York Court of Appeals · 1876
- Stoddard v. . HartNew York Court of Appeals · 1861
- Wells v. HarterCalifornia Supreme Court · 1880
- Beckham, Receiver v. ShackelfordCourt of Appeals of Texas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Zastrow v. KnightSouth Dakota Supreme Court · 1930
- Tourtelot v. BookerCourt of Appeals of Texas · 1913
- Ward v. Oklahoma State Bank of AtokaSupreme Court of Oklahoma · 1915
- Roberts v. RobertsNorth Dakota Supreme Court · 1901
- Farmers & Merchants National Bank v. OstlieNorth Dakota Supreme Court · 1983
4 more not listed; retrieve them via the Exa API.