SCHAUSS v. GARNER

No. 4951.

590 P.2d 1316 (1979)

Ralph SCHAUSS, a/k/a Ralph L. Schauss, Appellant (Defendant below), v. Roy Dalton GARNER, Appellee (Plaintiff below).

Supreme Court of Wyoming.

February 26, 1979.


Attorney(s) appearing for the Case

Thomas J. Constantine of Constantine & Prochnow, P.C., Englewood, Colo., and John Burk of Burk & Painter, P.C., Casper, for appellant.

Leonard E. Lang, Casper, for appellee.

Before RAPER, C.J., McCLINTOCK, THOMAS and ROSE, JJ., and GUTHRIE, J., Retired.


THOMAS, Justice.

The question presented in this case is whether a co-maker of a promissory note, who is an accommodation party, can rely upon the release of collateral by the creditor to defend an action brought against him to recover on the note. The collateral in question consisted of corporate stock which, after its release by the creditor, but before this action was brought, was adjudged to be null and void and was ordered to be rescinded, cancelled and set aside...

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