Stutsman County v. Dakota Trust Co.
North Dakota Supreme Court
Certified question of law, from District Court, Stutsman County, Coffey, J. A surety is an insurer of tbe debt. Northern State Bank y. Bellamy, 19 N. D. 509, 125 N. W. 888. A paid surety or bonding company is treated rather as an insurer than a surety. Long y. American Surety Co. 23 N. D. 492, 137 N. W. 41; 20 Cyc. 1400. If a debt ought to be paid at a particular time, and is not then paid, legal interest upon it shall be paid during such time, as the party is in default.
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Certified question of law, from District Court, Stutsman County, Coffey, J. A surety is an insurer of tbe debt. Northern State Bank y. Bellamy, 19 N. D. 509, 125 N. W. 888. A paid surety or bonding company is treated rather as an insurer than a surety. Long y. American Surety Co. 23 N. D. 492, 137 N. W. 41; 20 Cyc. 1400. If a debt ought to be paid at a particular time, and is not then paid, legal interest upon it shall be paid during such time, as the party is in default. Empire State Surety Co. v. Lindenmeier, Ann. Cas. 1914C, 1192. “A surety cannot be held beyond the express terms of his…
1Opinion of the CourtBronson, J.
This is a proceeding involving the certification of ■questions of law pursuant to chapter 2 of the Sess. Laws 1919. In the district court action was instituted to recover upon a surety bond given by the defendant to the plaintiff, covering the demand deposits of the plaintiff, in the Medina State Bank, for which bank a receiver had been appointed. Without any trial or adjudication, the parties have stipulated the facts and the questions of law involved upon such facts. The trial judge has made a certificate, certifying the cause to this court upon the questions of law involved and as…
2Cases cited7 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Jewell v. KnightSupreme Court of the United States · 1887
- United States v. RiderSupreme Court of the United States · 1896
- Webster v. CooperSupreme Court of the United States · 1850
- White v. TurkSupreme Court of the United States · 1838
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3Cited by14 opinions
- Ullman v. CampbellNorth Dakota Supreme Court · 1924
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- Malherek v. City of FargoNorth Dakota Supreme Court · 1922
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- State v. ElkinNorth Dakota Supreme Court · 1938
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