Rankin v. Matthiesen

Citations

• 10 S.D. 628
• 75 N.W. 196
• 1898 S.D. LEXIS 54

Syllabus

<p>At the time of the execution of a note it was agreed orally between the maker, payee, and one D. that D. should collect money due to him and the maker, and pay it over to the payee. The money was collected, but was not paid, and, after maturity of the note, D., in recognition of his prior agreement, indorsed the note in blank. Held, that D., being morally bound to pay the money over, and, in recognition of his moral obligation, indorsing same, which was an express promise in writing, was liable as a guarantor.</p>