Hotham v. Berry

Citations

• 82 Kan. 412
• 108 P. 801
• 1910 Kan. LEXIS 269

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Suretyship — Contribution—Payment of Debt Before Maturity. Where two persons become sureties upon a promissory note, and one of them pays the note two days before maturity, the principal having been for some time and being then and for some time afterward unable to pay, such premature payment will not of itself relieve the other surety from contribution.</p> <p>2. --- Payment by Another — Money Furnished by Plaintiff. In such a case, where one of the sureties furnishes the money to pay the note and intrusts it to another, to be used for that purpose, and such other for his own purposes obtains the check of a third person in exchange for the money received from the surety, and with such check pays the note, such payment will not, because made in that manner, release the other surety from contribution.</p>