SURETYSHIP - REVOCATION BY DEATH

Authors

Abstract

In consideration of a promise on the part of the vendor in a land contract to accept from the purchaser the first four installments of interest in the form of four notes, the decedent agreed in writing to indorse said notes and become responsible to the vendor for their payment. The surety died before the first of the notes was to be made and indorsed. A claim was made against the estate of the surety on this writing, the trial judge finding for the estate on the ground that there was no competent evidence from which damage might be determined; but, in the supreme court, it was held that the estate was discharged from the liability, on the ground that the decedent's undertaking to indorse the notes and thereby to become responsible for their payment was purely personal and died with him. Two justices concurred on other ground. In re Ford's Estate (Mich. 1931) 238 N. W. 275

Recommended Citation

SURETYSHIP - REVOCATION BY DEATH, 30 Mich. L. Rev. 809 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss5/28