Supreme Court of Dakota, 1888

Fisk v. Stone

Supreme Court of Dakota · Decided February 15, 1888 · Francis, Iustiees, Who

6 Dakota 35

Counsel

K. G. Kennedy, for appellant., Geo. H. Hand and J. H. Teller, for respondents.

Cases that cite this one

6 later published cases cite this decision.

Marshall-Wells Co. v. Tenney (Or. 1926)
Brunet, Sáenz & Co., S. en C. v. Aponte (Supreme Court of Puerto Rico 1924)
Wall v. Eccles (Utah 1922)
W. T. Rawleigh Medical Co. v. Laursen (N.D. 1913)
Carson v. Hurst & Co. (Ga. 1912)
William Deering & Co. v. Mortell (S.D. 1906)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court :

The judgment is affirmed.

1. The case discloses the fact that the guaranty was intended to be absolute.

2. That, if an offer of guaranty, the defendant by his conduct waived the right of notice.

3. The terms of the guaranty were complied with.

4. The complaint was sufficient.

All the iustiees concur, except Francis, J.. who dissents.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.