Bank of Missouri v. Matson
Supreme Court of Missouri
Appeal from Livingston Circuit Court. This was an action on a promissory note executed by defendant, Matson, and one Lennox, and endorsed to the Bank of the State of Missouri, the plaintiff.
Read the full summary
Appeal from Livingston Circuit Court. This was an action on a promissory note executed by defendant, Matson, and one Lennox, and endorsed to the Bank of the State of Missouri, the plaintiff. The defendant admitted the execution of the note, and set up as a defence to the suit that he had signed the same as security for Lennox; that plaintiff knew this fact; that the plaintiff had, at the request of defendant, commenced a suit against Lennox, and in said suit had attached sufficient property to satisfy the debt; and had afterwards voluntarily dismissed the suit. At the trial the defendant…
1Opinion of the CourtNapton, Judge
In this case the bank relies on the nullity of tlie writ of attachment to show that no- lien was acquired, and therefore that she was exempt from the operation of the rule that a creditor who gets a lien on the property of the principal debtor and voluntarily lets it go discharges the security. The question of diligence or negligence on the part of the bank is not in the case. That doubts may have been with propriety entertained in relation to the validity of this writ of attachment is quite manifest, and we should be very reluctant to hold the bank to a forfeiture of her security merely by…
2Cases cited2 opinions
- Sanders v. RainsSupreme Court of Missouri · 1847
- Milburn v. GilmanSupreme Court of Missouri · 1847
3Cited by3 opinions
- Dodd v. WinnSupreme Court of Missouri · 1858
- Gourley v. TylerCourt of Appeals of Texas · 1891
- Atwater v. A. G. Edwards Brokerage Co.Missouri Court of Appeals · 1910