Daviess County Savings Ass'n v. Sailor
Supreme Court of Missouri
Appeal from Livingston Circuit Court. cited : Driscoll vs. Mateer, 31 Mo., 325; Clark vs. Barnett, 19 Mo.,39; Freliegh vs. Ames, 31 Mo., 253; 1 Pars. Bills; 2 Mo., 325; note; Murray vs. Judah, 6 Cow., 434; Seymour vs. Minton, 17 John., 169; Story Bills, p. 280, § 253; 22 Ill., 332; also, 12 Met., 545; Picot vs. Legrange, 22 Mo., 587; McClure vs. Bell, 45 Mo., 178; Sto.
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Appeal from Livingston Circuit Court. cited : Driscoll vs. Mateer, 31 Mo., 325; Clark vs. Barnett, 19 Mo.,39; Freliegh vs. Ames, 31 Mo., 253; 1 Pars. Bills; 2 Mo., 325; note; Murray vs. Judah, 6 Cow., 434; Seymour vs. Minton, 17 John., 169; Story Bills, p. 280, § 253; 22 Ill., 332; also, 12 Met., 545; Picot vs. Legrange, 22 Mo., 587; McClure vs. Bell, 45 Mo., 178; Sto. Ag., §§ 114, 115; Flickner vs. Bank of United States, 8 Wheat., 360; United States vs. Dunn, 6 Pet., 51; Bank of Metropolis vs. Jones, 8 Pet., 12; Espy vs. Bank of Cincinnati, 18 Wal., 604; Franklin Bank vs. Stewart, 37 Mo.,…
1Opinion of the CourtNapton, Judge
This suit was on a promissory note executed by John Ballinger and Benj. K. Sailor, to Joshua M. Sailor, and assigned by the latter to the plaintiff. This note was dated January 25th, 1872, and was payable in one month from date and bore interest from maturity at 10 per cent, per annum. The suit was against the two makers and the assignor.
The defense of Ballinger was that he was merely a security for J. M. Sailor, that on or about the 2nd day of July, 1872, he called on the plaintiff to ascertain if said note had been paid by said Joshua M. Sailor, and was informed that although said note had…
2Cases cited2 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Driskell v. MateerSupreme Court of Missouri · 1861
3Cited by11 opinions
- State Bank of Moore v. ForsythMontana Supreme Court · 1910
- Chew v. EllingwoodSupreme Court of Missouri · 1885
- People's Saving Bank v. HughesMissouri Court of Appeals · 1895
- Gray v. Farmers' National BankCourt of Appeals of Maryland · 1895
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
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