Foster County State Bank v. Hester
North Dakota Supreme Court
Appeal from District Court, Foster county; Burke, J. Action by the Foster County State Bank against P. J. Hester. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Extension of time of payment or performance without the guarantor’s consent discharges him. Rev. Codes 1906, Sec. 6092; 14 Am. & Eng. Enc. Law (2nd Ed.) 1165; 20' Cyc. 1473; 14 Am. & Eng. Enc. Law (2nd Ed.) 1166 ; Shipman v. Kelley, 38 N. Y. Supp. 597; 24 Am. & Eng. Enc.
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Appeal from District Court, Foster county; Burke, J. Action by the Foster County State Bank against P. J. Hester. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Extension of time of payment or performance without the guarantor’s consent discharges him. Rev. Codes 1906, Sec. 6092; 14 Am. & Eng. Enc. Law (2nd Ed.) 1165; 20' Cyc. 1473; 14 Am. & Eng. Enc. Law (2nd Ed.) 1166 ; Shipman v. Kelley, 38 N. Y. Supp. 597; 24 Am. & Eng. Enc. Law (1st Ed.) 83>3, 835; Shipman v. Kelley, 41 N. Y. Supp. 328; Springer Lit-h. Co. v. Graves, 66 N. W. 66; Schnitzler v. Bank, 42…
1Opinion of the CourtFisk, J.
This case was tried in the district court of Foster county by the court; a jury having been waived. Plaintiff’s cause of action is based upon the following written guaranty:
“Whereas, among the bills receivable in the Foster County State Bank of Carrington, North Dakota, there :are notes and obligations secured by certain chattel property and executed and delivered by George D. Corliss, amounting to the sum of $2,430.00; and
“Whereas, said bank is about to be transferred to T. F. McCue and other stock holders:
“Now therefore I, P. J. Plester, do hereby guarantee and agree to pay the difference…
2Cases cited7 opinions
- Frank Herman & Co. v. WilliamsSupreme Court of Florida · 1895
- Remsen v. . GravesNew York Court of Appeals · 1869
- Austin v. Curtis & WalkerSupreme Court of Vermont · 1858
- Globe Mutual Insurance v. CarsonSupreme Court of Missouri · 1860
- Noll v. OberhellmannMissouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Northern State Bank v. BellamyNorth Dakota Supreme Court · 1910
- Berg v. KremersNorth Dakota Supreme Court · 1970
- Wellens v. BeckNorth Dakota Supreme Court · 1960
- Citizens State Bank v. LockwoodNorth Dakota Supreme Court · 1915
- Young v. Bank of MiamiCourt of Appeals of Texas · 1913
3 more not listed; retrieve them via the Exa API.