First National Bank v. Watt

Citations

• 7 Idaho 510
• 64 P. 223
• 1901 Ida. LEXIS 10

Syllabus

<p>Pleading — Airs web — Demurrer.—In pleading the existence of a record in courts of general jurisdiction, the allegations must be certain and specific, it being insufficient to allege the same upon information and belief./</p> <p>Same — Uncertainty.—The defenses set forth in an answer must be stated with sufficient certainty to enable the plaintiff to ascertain the facts which the defendant will attempt to prove at the trial.</p> <p>Surety — Release oe Surety. — The release of security for a certain, debt, held by the creditor, releases a surety obligated for such debt, to the extent of the value of the security so released, where the creditor releases such security without the consent, express or implied, of the surety. '</p> <p>Several Obligations — T. was indebted to plaintiff, and gave a joint note for the debt signed by himself and by W. and B. as sureties! afterward W. and B. gave a note for the same debt, and T. gave another note for the same with P. as surety; thereafter the plaintiff sued T. and P. upon their note and obtained judgment; failing to collect, plaintiff sued W. and B. upon their note. Held, that the former action did not bar the latter, as the execution of the latter notes severed the obligation of the sureties, W. and B. from that of the principal debtor.</p> <p>(Syllabus by the court.)</p>