McDonald v. Mueller
Supreme Court of Arkansas
Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. Under section 859 of Kirby’s Digest, Mueller became liable for this indebtedness.
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Appeal from Greene Circuit Court; W. J. Driver, Judge; 1. Under section 859 of Kirby’s Digest, Mueller became liable for this indebtedness. This is a primary liability and the liability is to all creditors of the corporation. 90 Ark. 51; 68 Id. 433; 78 Id. 517. A surety is a creditor and the relation of debtor and creditor arises at the time of 'becoming surety. 96 Ark. 268; 98 Id. 200; 103 Id. 473; 24 Id. 511; 34 Id. 524; 40 Id. 547. 2. The statute does not run until there is some one to sue. The contract of suretyship is not breached until the surety pays the debt. Wood on Lim. to Actions,…
1Opinion of the Court
'Smith, J.
The Mueller Mercantile Company, a corporation, executed a note for $5,000, dated March 29,1910, and due six months after date. This note was endorsed by appellant and appellee, and two other persons. On A.pril 29, 1910, the same corporation executed another note for the sum .of $10,000, due four months after date, which note was likewise endorsed by both appellant and appellee, together with three other sureties. Neither of said notes was paid and suits were commenced upon them at the October, 1911, term of the Greene Circuit Court. Before the final hearing of said causes, appellant…
2Cases cited8 opinions
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Jones v. . BarlowNew York Court of Appeals · 1875
- Griffin v. LongSupreme Court of Arkansas · 1910
- Jones v. HarrisSupreme Court of Arkansas · 1909
- Rice v. DorrianSupreme Court of Arkansas · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- 17 Fair empl.prac.cas. 1790, 14 Empl. Prac. Dec. P 7811 Irma Clark v. Lon MannCourt of Appeals for the Eighth Circuit · 1977
- Leo Glasscoe and Leroy Davis v. Arthur HowellCourt of Appeals for the Eighth Circuit · 1970
- Noble v. MartinWashington Supreme Court · 1937
- Otis H. Reed, Jr. v. Terrell Don Hutto, Commissioner of Correction, State of Arkansas, A. L. Lockhart, Superintendent, Etc.Court of Appeals for the Eighth Circuit · 1973
- Medical Liability Mutual Insurance v. Alan Curtis LLCCourt of Appeals for the Eighth Circuit · 2008
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