Frevert v. Henry
Nevada Supreme Court
Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. I. The objection that the judgment is not supported by the pleadings can be taken and heard upon the judgment-roll alone. (Putnam v. Lamphier, 36 Cal. 151, 158; Jones v. Petaluma, 36 Cal. 230; Bachman v. Sepulveda, 39 Cal. 688.) II.
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Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. I. The objection that the judgment is not supported by the pleadings can be taken and heard upon the judgment-roll alone. (Putnam v. Lamphier, 36 Cal. 151, 158; Jones v. Petaluma, 36 Cal. 230; Bachman v. Sepulveda, 39 Cal. 688.) II. The payment of a note by any one of the makers, extinguishes the note, and renders it functus officio: The surety can not sue upon the contract expressed in the note to recover money of the principal which he has been compelled to pay. He can only recover upon the contract which the law…
1Opinion of the Court
By tlie Court,
Leonard, J.:
It is alleged in tlie complaint that defendant made liis certain promissory note with plaintiff as surety, in words and figures following, to wit:
“ $450.
“On the first day of February next, for value received, we jointly and severally promise to pay Whitesides & Sacrider the sum of four hundred and fifty dollars in United States gold coin, with interest at two per cent per month, until paid.
Charles Henry,
Fred. Frevert.
“Genoa, September 28, 1865.”
“That said note was then and there delivered to the payees named therein, who indorsed and transferred the 'same to one…
2Cases cited4 opinions
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
- Bachman v. SepulvedaCalifornia Supreme Court · 1870
- Putnam v. LamphierCalifornia Supreme Court · 1868
- Klein v. AllenbachNevada Supreme Court · 1870
3Cited by8 opinions
- Moore v. JenkinsTexas Supreme Court · 1919
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Smart v. ValenciaNevada Supreme Court · 1926
- Walker v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1917
- Lemaire v. WalshNevada Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.