Dove v. Cowlitz Valley Bank

2 Citing cases

  1. Amick v. Baugh

    66 Wn. 2d 298 (Wash. 1965)   Cited 12 times
    Explaining that RCW 19.72.100 and .101 codify the " Pain v. Packard" suretyship rule (13 Johns. R. 174 (N.Y.Sup.Ct. 1816)), which allows a surety to convert itself into a guarantor of collection

    Therefore, testimony of the parties to the notes should not be considered as altering the express written obligation of one of the parties to the notes, in the absence of equitable reasons, such as fraud. See Dove v. Cowlitz Valley Bank, 191 Wn. 429, 71 P.2d 555 (1937); In re Hemrich, 187 Wn. 21, 59 P.2d 748 (1936); Farmers State Bank of Newport v. Lamon, 132 Wn. 369, 231 P. 952, 42 A.L.R. 1072 (1925). Furthermore, we believe the facts stated in the affidavits of the parties (which is evidence not appearing within the four corners of the notes) support respondent's position that appellant is an absolute guarantor.

  2. National Bk. of Com. v. Green

    1 Wn. App. 713 (Wash. Ct. App. 1969)   Cited 17 times
    Ruling that RCW 26.16.200's extension of community property liability for separate debts must apply prospectively only because "[t]he statute adds to the burdens of and pro tanto alters community property, changing one of its characteristic incidents . . ."

    Meng v. Security State Bank, supra; First Nat'l Bank v. Estus, 185 Wn. 174, 52 P.2d 1243 (1936). It is necessary to distinguish, however, between a note discharged by payment (RCW 62.01.119, now RCW 62A.3-603; 11 Am.Jur.2d Bills and Notes ยง 963 (1963)) and a renewal note as such. A renewal note is a new note given for the old with no discharge of the old note as, for example, by payment, unless so intended. Dove v. Cowlitz Valley Bank, 191 Wn. 429, 71 P.2d 555 (1937); Boston Nat'l Bank v. Jose, 10 Wn. 185, 38 P. 1026 (1894). The proceeds of the August 1967 note were separate property because they were the proceeds of a separate obligation.