First National Bank v. Meyer
North Dakota Supreme Court
Appeal from the District Court of Sheridan County, Nuessle, J. Action to recover on a promissory note. Judgment for plaintiff. Defendant appeals.
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Appeal from the District Court of Sheridan County, Nuessle, J. Action to recover on a promissory note. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. The complaint in this action alleges that the defendant “made, executed, and delivered to the plaintiff his joint and several note, together with one J. L. Filbey, both being primarily liable, said defendant signing as an accommodation maker and thereby promising to pay to the plaintiff or his order the sum of $100 on the 1st day of October, 1911, with interest at the rate of 12 per cent.” It also alleged that the…
1Opinion of the CourtBruce, J.
(after stating the facts as above). No exception seems to have been taken to the findings of fact of the learned trial court. They, at any rate, are borne out by the evidence. The only question for determination in this case, therefore, is whether one who signs a note upon its face as ah accommodation maker, and who receives no personal consideration for the same, is primarily liable on such note as a joint maker, where at the time of such making the payee knew of the accommodation nature of his signing, and whether, when sued upon such note, such accommodation maker may plead as a defense…
2Cases cited5 opinions
- Vanderford v. Farmers' & Mechanics' National BankCourt of Appeals of Maryland · 1907
- Cellers v. MeachemOregon Supreme Court · 1907
- Bradley Engineering & Manufacturing Co. v. HeyburnWashington Supreme Court · 1910
- Anderson v. MitchellWashington Supreme Court · 1908
- Wolstenholme v. SmithUtah Supreme Court · 1908
3Cited by15 opinions
- Mortgage Guarantee Co. v. ChotinerCalifornia Supreme Court · 1936
- Vernon Center State Bank v. MangelsenSupreme Court of Minnesota · 1926
- Beneficial Finance Co. of Jamestown v. LawrenceNorth Dakota Supreme Court · 1980
- Roles v. RolesNorth Dakota Supreme Court · 1929
- Clem v. ChapmanCourt of Appeals of Texas · 1924
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