A. B. Farquhar Co. v. Higham
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Action by' A. B. Farquhar Company, Limited, against W. H. Higham. From the judgment, both parties appeal. Where defendant, pursuant to contract, endorsed and delivered notes, he became primarily'liable at least as guarantor. Rev. Codes, 1899, sections 4625-2636; 7 Cyc. 967, Id. 664. Under the terms of the contract, a waiver was established. Eaton & Gilbert, Com. Paper 521, 529, 4 Enc. of Law, 453, 457; Randal on Com.
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Appeal from District Court, Grand Forks County; Fisk, J. Action by' A. B. Farquhar Company, Limited, against W. H. Higham. From the judgment, both parties appeal. Where defendant, pursuant to contract, endorsed and delivered notes, he became primarily'liable at least as guarantor. Rev. Codes, 1899, sections 4625-2636; 7 Cyc. 967, Id. 664. Under the terms of the contract, a waiver was established. Eaton & Gilbert, Com. Paper 521, 529, 4 Enc. of Law, 453, 457; Randal on Com. Paper, Chap. 38, section 2. Promise to pay interest waives presentment and notice. Eaton & Gilbert Com. Paper, 471. An…
1Opinion of the Court
Morgan. C. J.
This is an appeal from a judgment by both parties. On plaintiff's appeal, the statement of the case was stricken from the files for reasons that are not material now. Defendant has appealed without settling a statement of case. The only question presented is, therefore, whether the findings of fact sustain the judgment. No question is made by the plaintiff that the findings do not sustain the judgment in its favor, and it is not claimed that a different judgment should have been rendered in its favor under the findings. The action was one involving an accounting, and the…
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