Holland v. Tjosevig

Citations

• 109 Wash. 142
• 186 P. 317
• 1919 Wash. LEXIS 1024

Syllabus

<p>Principal and Surety (59)—Remedies of Surety—Against Principal After Payment of.Debt. Where one of two makers of a joint and several note signed as an accommodation maker and surety only, the other receiving all the consideration, he may, upon paying the note, recover the amount paid from his comaker.</p> <p>Evidence (150, 160)—Parol Evidence to Vary Writing—Liability of Surety on Note—Extent. As between the makers of a joint and several note, oral evidence is admissible to show that one of the parties was in fact a surety, and the other primarily liable and bound to reimburse the surety paying the note.</p> <p>Limitation of Actions (41)—Computation of Time—Reimbursement From Person Ultimately Liable. An action against the principal maker of a promissory note upon the implied obligation which arose when the surety paid it does not accrue until the note was paid, and the statute begins to run from that time.</p> <p>Same (67, 74)—Tolling Statute—Acknowledgment—Persons by Whom Made and to Whom Available. Principal and surety upon a promissory note are not within the rule that acknowledgment by one partner of a partnership debt after dissolution of the partnership does not deprive the other of the benefit of the statute of limitations.</p> <p>Same (87)—Pleading Statute as Defense—Necessity. Where a statute of limitation is pleaded in the complaint, it may be invoked by the defendant although not pleaded in his answer.</p>