McCormick Harvesting Machine Co. v. Rae
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the McCormick Harvesting Machine Company against William Rae and others. From a judgment overruling a demurrer to the answer of William Rae, plaintiff appeals. A co-maker of a promissory note, though a surety, is not entitled to notice of dishonor.
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Appeal from District Court, Cass County; Pollock, J. Action by the McCormick Harvesting Machine Company against William Rae and others. From a judgment overruling a demurrer to the answer of William Rae, plaintiff appeals. A co-maker of a promissory note, though a surety, is not entitled to notice of dishonor. Edwards, Bills & Notes, 454; 1 Parson’s Notes & Bills, 236; Hartman v. Burlingham, 9 Cal. 557; Fitch v. Bank, 97 Ind. 211; Bond v. Storrs, 13 Conn. 412; Hunnicutt v. Perot, 27 S. E. Rep. 787; Bntner v. Liebig, 38 Mo. 188; Treadway v. Antisdal, 86 Mich. 82; Carpenter v. McLaughlin, 12 R.…
1Opinion of the CourtYoung, J.
Action on three promissory notes executed and delivered by the defendants J. T. Rae, Robert Rae, and William Rae to plaintiff. The two defendants first named did not answer. The defense attempted to be interposed by William Rae is that he is merely a surety on said notes, and that he has been released by an extension of time granted by the payee to the principals without his knowledge or consent. Plaintiff demurred to the answer on the ground that it does not state facts sufficient to constitute a defense. This was overruled, and plaintiff appeals from the order.
The law is settled beyond…
2Cases cited16 opinions
- Abel v. AlexanderIndiana Supreme Court · 1874
- Menifee v. ClarkIndiana Supreme Court · 1871
- Bucklen v. HuffIndiana Supreme Court · 1876
- Henry v. GillilandIndiana Supreme Court · 1885
- Jarvis v. HyattIndiana Supreme Court · 1873
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3Cited by8 opinions
- Windhorst v. BergendahlSouth Dakota Supreme Court · 1907
- J. P. Schaller & Co. v. Canistota Grain Co.South Dakota Supreme Court · 1913
- Roles v. RolesNorth Dakota Supreme Court · 1929
- Farmers State Bank v. FausettNorth Dakota Supreme Court · 1926
- Clark v. GerstleyCourt of Appeals for the D.C. Circuit · 1905
3 more not listed; retrieve them via the Exa API.