Adams v. Huggins
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) Appellants Eundell,Cole and Moore, placed their names on the bach of the note several days after its execution and delivery, and after the original consideration had passed between Garrett and Abrams. That that consideration was not sufficient to bind them is shown by an abundance of authority, of which the following recent case decided by this court may serve as an example. Lowenstein v. Sorge, 75 Mo.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) Appellants Eundell,Cole and Moore, placed their names on the bach of the note several days after its execution and delivery, and after the original consideration had passed between Garrett and Abrams. That that consideration was not sufficient to bind them is shown by an abundance of authority, of which the following recent case decided by this court may serve as an example. Lowenstein v. Sorge, 75 Mo. App. 281. (2) That they were guarantors, as decided by this court on first appeal, will not be disputed. Stagg v.…
1Opinion of the CourtGill, J.
This is a suit on a note, and the real controversy on this appeal is, whether or not defendants, Run-dell, Cole and Moore, whose names appear on the back of the instrument, should be held as guarantors thereof. The case was here a year ago, and the point then decided was that the petition stated a cause of action against said defendants. 73 Mo. App. 140. The cause was then remanded to the lower court, where, on a trial of the merits, the court gave a peremptory instruction in plaintiff’s favor, and from a judgment in accordance therewith these defendants have appealed.
The facts are…
2Cases cited2 opinions
- Adams v. HugginsMissouri Court of Appeals · 1898
- Messenger v. VaughanMissouri Court of Appeals · 1891
3Cited by7 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Hill v. CoombsMissouri Court of Appeals · 1902
- The University Bank v. MajorMissouri Court of Appeals · 1935
- Corbyn v. BrokmeyerMissouri Court of Appeals · 1900
- Ford v. McClainMissouri Court of Appeals · 1912
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