Newhall v. Field

Citations

• 13 N.M. 82

Syllabus

<p>SYLLABUS.</p> <p>1. The payee of a joint and several note may look to either of the joint makers for payments and where one of the joint makers dies, is not compelled to pursue his remedy against the estate of the deceased debtor; nor is his action barred against another joint maker because the time has expired wherein he might have presented his claim against the estate for allowance.</p> <p>2. An account stated is binding upon the parties thereto only as to the items actually included in .the stated account, and it is no defense to a note sued upon that there was an account stated between the maker and the payee of the note after the same was due and a settlement of the account so stated, where it does not appear that the note sued on was included in the stated account and settlement.</p>