Fisk v. Stone

Supreme Court Of The Territory Of Dakota

Decided February 15, 1888

Supreme Court Of The Territory Of Dakota · decided 1888-02-15

C. S. Palmer, Judge. This was an action by I). B. Fisk, I). M. Fisk and J. E. L. Frasher, copartners, under the name of D. B. Fisk & Co., against George W. Stone, defendant, on an alleged guaranty.

Decided 1888-02-15

By the Court :

¶1The judgment is affirmed.

¶21. The case discloses the fact that the guaranty was intended to be absolute.

¶32. That, if an offer of guaranty, the defendant by his conduct waived the right of notice.

¶43. The terms of the guaranty were complied with.

¶54. The complaint was sufficient.

All the iustiees concur, except Francis, J.. who dissents.