The W. T. Rawleigh Medical Co. v. Atwater
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action on contract of guaranty. Demurrer to complaint sustained, and plaintiff appeals. The statute of limitations does not commence to run in favor of a guarantor upon a continuing guaranty until there is a default in payment by the principal and a full and complete cause of action has arisen against the guarantor. {Bank v. Knotts, 10 Rich. 543, 70 Am.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action on contract of guaranty. Demurrer to complaint sustained, and plaintiff appeals. The statute of limitations does not commence to run in favor of a guarantor upon a continuing guaranty until there is a default in payment by the principal and a full and complete cause of action has arisen against the guarantor. {Bank v. Knotts, 10 Rich. 543, 70 Am. Dee. 234.) And a full and complete cause of action did not arise against the guarantors until the execution against their principal…
1Opinion of the CourtRice, C. J.
This is an action upon a contract of guaranty for the honest and faithful performance of a contract entered into between A. N. Salisbury and appellant. The contract was terminated about July 24, 1908. Thereafter, appellant obtained judgment against Salisbury and issued execution thereon which was returned nulla bona. 0n October 31, 1916, appellant brought this action against respondent and H. Barz, as guarantors. Respondent appeared and demurred to the complaint, setting forth, among other grounds, that the cause of action was barred by the statute of limitations. The court sustained the…
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