Bettinger v. Scully

Citations

• 36 Wash. 596
• 79 P. 203
• 1905 Wash. LEXIS 634

Syllabus

<p>Principal and Surety — Joint Note — Claim That Joint Maker was Surety Only — Evidence—Sueeiciency—Nonsuit. In an action hy the assignee of a joint máker of a note claimed to he a surety only and who paid the note in full, to recover of. the comaker, S, the amount so paid, there is no sufficient evidence of the suretyship to warrant a recovery where it merely appears that S' received the money on depositing the note in a hank and that the plaintiff’s assignor paid the note, especially after the lapse of twelve years after the transaction, and the death of plaintiff’s assignor.</p>