Rotting v. Cleman

Citations

• 20 Wash. 116
• 54 P. 935
• 1898 Wash. LEXIS 477

Syllabus

<p>PRINCIPAL AND SURETY — NOTICE TO SUE — WAIVER — PLEADING.</p> <p>Where the answer of defendant in an action on a promissory-note sets up the defense that he was a surety and that plaintiff failed, on his request, to sue the principal, a reply that after the alleged notice to sue was given by the surety, the latter instructed the plaintiff not to sue upon the note, is sufficient to warrant proof of the waiver.</p> <p>Unreasonable delay in suing the principal at the request .of a surety is not shown, where notice to sue was given some time in February and a waiver of the notice given on the third, day of the succeeding month.</p>