McKee v. Whitworth

Citations

• 15 Wash. 536
• 46 P. 1045
• 1896 Wash. LEXIS 244

Syllabus

<p>APPEAL — FAILURE TO EXCEPT TO FINDINGS OF FACT — CONTRACTS — WHEN SURETY PRIMARILY LI ABLE — LIABILITY OF COMMUNITY FOR SURETYSHIP DEBT.</p> <p>When findings of fact made by the lower court are not excepted to, they must be considered on appeal as setting forth the facts in the case.</p> <p>Where a surety, in order to avoid suit at the maturity of a note upon which he is liable, makes a new note to the payee with himself and wife as principals, under an agreement that such note should be the principal debt and that the original note should be held by the payee as collateral to the new note, he cannot insist that it is the duty of the payee to first collect such original note.</p> <p>Where a husband and wife are liable upon a promissory note executed by them evidencing a community indebtedness, the wife cannot escape liability from the fact that an extension of the time of payment of the note was secured by the husband for a valuable consideration, without her knowledge or consent.</p>