Greely v. McCoy

Citations

• 3 S.D. 218
• 52 N.W. 1050
• 1892 S.D. LEXIS 61

Syllabus

<p>1.. Defendant sold certain county warrants to plaintiff, and gave him a writing, saying: 'T hereby guaranty their collection and payment within five years from the date hereof.” Held a guaranty both of collection and payment, and that plaintiff might treat it as a guaranty of payment, and proceed against defendant accordingly.</p> <p>2. As such guarantor, defendant’s undertabing was that, if the county did not pay the warrants within five years, he would. It was the duty of plaintiff, as the holder of such guaranty and such warrants, to allow the county an opportunity to pay; that is, to present 'the warrants for payment before he could hold defendant liable on his guaranty, or to show facts which would, as to defendant, excuse him (plaintiff) from so presenting them.</p> <p>8; The complaint in this case held demurrable, because it shows neither.</p> <p>(Syllabus by the Court.</p>