Gronna v. Goldammer
North Dakota Supreme Court
Appeal from tbe District Court of Nelson County, Templeton, J. Judgment for defendant. Plaintiff appeals. Statement by Beuce, J. On August 6, 1900, plaintiff and defendant executed a statutory bond of one Prank Miller as guardian of Mary J. Miller, minor, under appointment of tbe county court of Nelson county, said bond being conditioned, among other things, that tbe said Miller should well and truly account for and pay over tbe property and estate of said ward when and as…
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Appeal from tbe District Court of Nelson County, Templeton, J. Judgment for defendant. Plaintiff appeals. Statement by Beuce, J. On August 6, 1900, plaintiff and defendant executed a statutory bond of one Prank Miller as guardian of Mary J. Miller, minor, under appointment of tbe county court of Nelson county, said bond being conditioned, among other things, that tbe said Miller should well and truly account for and pay over tbe property and estate of said ward when and as it should become bis duty so to do, and when and as be should be directed and ordered by tbe county court. Tbe ward…
1Opinion of the CourtBeuoe, J.
(after stating the facts as above). It appears to be the general rule and to be conceded by both parties that “payment by one of the cosureties after the claim against him has been barred by the statute of limitations is voluntary, and does not entitle him to contribution from the other cosureties.” 32 Cyc. 282; Cocke v. Hoffman, 5 Lea, 105, 40 Am. Rep. 23; Shelton v. Farmer, 9 Bush, 314; Cochran v. Walker, 82 Ky. 220, 56 Am. Rep. 891; Letcher v. Yantis, 3 Dana, 160; Wheatfield Twp. v. Brush Valley Twp. 25 Pa. 112; Bell v. Morrison, 1 Pet. 351, 7 L. ed. 174; Turner v. Thom, 89 Va. 745, 17 S.…
2Cases cited19 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Cook v. CeasCalifornia Supreme Court · 1904
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Allen v. StovallTexas Supreme Court · 1901
- Marlow v. LacyTexas Supreme Court · 1886
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3Cited by17 opinions
- Frandson v. CaseyNorth Dakota Supreme Court · 1955
- Larson v. Quanrud, Brink & ReiboldNorth Dakota Supreme Court · 1951
- Grandin v. GardinerNorth Dakota Supreme Court · 1954
- Christenson v. GrandyNorth Dakota Supreme Court · 1920
- In Re Estate of GreenDistrict of Columbia Court of Appeals · 2003
12 more not listed; retrieve them via the Exa API.