Steele v. Souder
Supreme Court of Kansas
Error from, Cherohee District Court. On the 16th of November 1876, Souder brought suit against Steele and Brigham, on a promissory note of which the following is a copy: $440. Columbus, Kansas, July 8th, 1870. Four months after date, T promise to pay to the order of George F. Souder, the sum of four hundred and forty dollars, value received. Wm. M. Brigham.
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Error from, Cherohee District Court. On the 16th of November 1876, Souder brought suit against Steele and Brigham, on a promissory note of which the following is a copy: $440. Columbus, Kansas, July 8th, 1870. Four months after date, T promise to pay to the order of George F. Souder, the sum of four hundred and forty dollars, value received. Wm. M. Brigham. John S. Steele, On the back of said note were the following indorsements, signed by Souder: “Received on the within note, one hundred dollars, this 13th of February 1873.” “Paid on the within, by account received, two hundred and seven…
1Opinion of the Court
*41The opinion of the court was delivered by
Brewer, J.:
The question in this case is, whether a partial payment by the principal debtor will suspend the running of the statute of limitations in favor of the surety. This is part and parcel of a broader question, and that is, whether a partial payment by one of two parties jointly and severally liable upon an instrument suspends the running of the statute in favor of the other. Upon this the authorities in the various states are conflicting. See as holding the affirmative, Disborough v. Bidleman, 20 N. J. Law, 275; Corlies v. Fleming, 30 N. J. 349;…
2Cases cited12 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Winchell v. . HicksNew York Court of Appeals · 1859
- Harper v. . FairleyNew York Court of Appeals · 1873
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
- McLaren v. . McMartinNew York Court of Appeals · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- Elder v. DyerSupreme Court of Kansas · 1881
- Good v. EhrlichSupreme Court of Kansas · 1903
- Cowhick v. ShingleWyoming Supreme Court · 1894
- McLane v. AllisonSupreme Court of Kansas · 1899
19 more not listed; retrieve them via the Exa API.