Commercial & Savings Bank v. Cassem
South Dakota Supreme Court
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.
Read the full summary
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
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Henley v. HotalingCalifornia Supreme Court · 1871
- Perot v. CooperSupreme Court of Colorado · 1891
- Hays v. CarrIndiana Supreme Court · 1882
- McGuin v. LeeNorth Dakota Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Adrian v. McKinnieSouth Dakota Supreme Court · 2002
- Knock v. KnockSouth Dakota Supreme Court · 1963
- Myers v. EichSouth Dakota Supreme Court · 2006
- Assam v. HaukSouth Dakota Supreme Court · 1984