Legal Opinion

Commercial & Savings Bank v. Cassem

South Dakota Supreme Court

Decided February 14, 1914PublishedCited by 4 opinions

Appeal from Circuit Court, Davison Count}’. Hon. Frank B. Smith, Judge. Action 'by the Commercial & Savings Bank against C). E. Cassem, to recover upon a guaranty of a promissory note. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The guaranty sued upon never .became effective, because of a failure on the part of plaintiff to comply with, or fulfil], the conditions upon which defendant signed the same.

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Appeal from Circuit Court, Davison Count}’. Hon. Frank B. Smith, Judge. Action 'by the Commercial & Savings Bank against C). E. Cassem, to recover upon a guaranty of a promissory note. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The guaranty sued upon never .became effective, because of a failure on the part of plaintiff to comply with, or fulfil], the conditions upon which defendant signed the same. Respondent, through its officers, took a deed and hill of sale of all the mortgaged property in payment of the entire indebtedness of the principals…

1Opinion of the CourtMcCO'Y, J.

It appears from the record -that Wayne" & Hil.liard- executed and delivered to' respondent their certain promissory note for $2,000 for borrowed money, that before respondent would make said loan and accept said note it required Wayne & .Hilliard to secure a personal guaranty of the payment, and that in pursuance thereof appellant executed and signed the following guaranty indorsed upon the back of said note: “For value received, I hereby guarantee the payment of the within note, and consent to any extension of time of payment or • any renewals of .this ¡note, and waive demand, protest, and…

2Cases cited9 opinions

  1. Jasper v. HazenNorth Dakota Supreme Court · 1894
  2. Henley v. HotalingCalifornia Supreme Court · 1871
  3. Perot v. CooperSupreme Court of Colorado · 1891
  4. Hays v. CarrIndiana Supreme Court · 1882
  5. McGuin v. LeeNorth Dakota Supreme Court · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Adrian v. McKinnieSouth Dakota Supreme Court · 2002
  2. Knock v. KnockSouth Dakota Supreme Court · 1963
  3. Myers v. EichSouth Dakota Supreme Court · 2006
  4. Assam v. HaukSouth Dakota Supreme Court · 1984

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