North Star Lumber Co. v. Rosenquist
North Dakota Supreme Court
From a judgment of the District Court of Dickey County, Allen, J., plaintiff appeals. A contract of suretyship is one whereby one person engages to be answerable for the debt, default, or miscarriage of another. It is an accessory contract and presupposes the existence of a principal obligation. The surety is a debtor from the beginning, and must see that the debt is paid. 21 Am. & Eng. Enc.
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From a judgment of the District Court of Dickey County, Allen, J., plaintiff appeals. A contract of suretyship is one whereby one person engages to be answerable for the debt, default, or miscarriage of another. It is an accessory contract and presupposes the existence of a principal obligation. The surety is a debtor from the beginning, and must see that the debt is paid. 21 Am. & Eng. Enc. Law, 2d ed. 431. Instructions to the jury must be based upon and be applicable to the pleadings and evidence.' 11 Enc. PL & Pr. 158, note 1-5 inclusive, 159 and note 1-5 inclusive. It is error to submit…
1Opinion of the CourtGoss, J.
The complaint seeks a recovery on a promissory note signed by defendant and one Jacobson as makers, the action being against defendant, Rosenquist, alone. The answer alleged that defendant signed the note as surety for one Jacobson, and that plaintiff procured his signature thereto under its agreement to assign to defendant a note it held against Jacobson, secured by his chattel mortgage upon eight horses and some crop; in other words, that the plaintiff assigned its chattel security to defendant in consideration of defendant’s becoming surety on Jacobson’s note to it. Defendant charges that…
2Cases cited3 opinions
- Fassnacht v. Emsing Gagen Co.Indiana Court of Appeals · 1897
- Bennett v. McMillinSupreme Court of Pennsylvania · 1897
- Liland v. TwetoNorth Dakota Supreme Court · 1910
3Cited by6 opinions
- Adams v. Little Missouri Minerals AssociationNorth Dakota Supreme Court · 1966
- Fisher v. SukoNorth Dakota Supreme Court · 1961
- Harmon v. HaasNorth Dakota Supreme Court · 1932
- Moore v. PalmerNorth Dakota Supreme Court · 1919
- Jaszkowiak v. ReflingNorth Dakota Supreme Court · 1932
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