Keever v. Nicholas Beers Co.

OPINION

By the Court,

Mowbray, C. J.:

Respondent Nicholas Beers Co. sued appellants Keever and Moore for the balance due on a promissory note which had been secured by a second trust deed on real property. The note made by appellants was due, and partially unpaid. The district court rejected appellants-defendants’ contentions below that recovery was barred by the one action rule, NRS 40.430, and by the antiwaiver provision of NRS 40.453; the court rendered judgment for respondent for the unpaid balance of the note plus interest. We reverse.

The note upon which Nicholas Beers Co. (hereinafter…