Corbett v. Clough
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Loring E. Gappy, Judge. Action on promissory note. Judgment for plaintiffs, and defendant Millett appeals. The facts are stated in the opinion. Any agreement upon a consideration between the creditor find the principal for any extension of time to the principal without the surety’s consent will release the surety. 24 Am. & Eng. Ency. Law. 822; 2 Daniels Neg.
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Appeal from circuit court, Hughes county. Hon. Loring E. Gappy, Judge. Action on promissory note. Judgment for plaintiffs, and defendant Millett appeals. The facts are stated in the opinion. Any agreement upon a consideration between the creditor find the principal for any extension of time to the principal without the surety’s consent will release the surety. 24 Am. & Eng. Ency. Law. 822; 2 Daniels Neg. Inst. § 1312. Allegations in an original pleading, where it has been amended is admissible as against party making them. Baltimore v. Evans, 14 N. E. 369; Brown v. Pickord, 9 Pac. 573; Soaps…
1Opinion of the CourtFuller, J.
The complaint upon which this action was tried states a cause of action against the defendants jointly, upon the following promissory note: “$1,000.00. Pierre, South Dakota, July 13th, 1891. Three months after date we promise to pay Corbett & Whitmore, or order, one thousand and no 100 dollars, with interest at the rate of twelve per cent, per annum. Value received. Payable at Citizens’ Bank, Pierre, South Dakota. S. S. Clough. C. L. Millett.” Defendant Clough made no appearance in the action. Defendant Millett, for a defense thereto, averred in his answer that he signed the note as surety…
2Cases cited3 opinions
- Mecham v. McKayCalifornia Supreme Court · 1869
- Vogel v. D. M. Osborne & Co.Supreme Court of Minnesota · 1884
- Ponce v. McElvyCalifornia Supreme Court · 1876
3Cited by12 opinions
- H. C. Behrens Lumber Co. v. LagerSouth Dakota Supreme Court · 1910
- Raverty v. GoetzSouth Dakota Supreme Court · 1966
- Dillaway v. PetersonSouth Dakota Supreme Court · 1898
- Bernard v. Pittsburg Coal Co.Michigan Supreme Court · 1904
- Windhorst v. BergendahlSouth Dakota Supreme Court · 1907
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