Hearne v. Keath
Supreme Court of Missouri
Error to Chariton Common Pleas. I. No right of action ever enures to a surety against his principal until the security debt is paid.
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Error to Chariton Common Pleas. I. No right of action ever enures to a surety against his principal until the security debt is paid. (Powell vs. Smith, 8 Johns. 192; Wetherby vs. Mann, 11 Johns. 518; Arnold vs. Camp, 12 Johns. 409; Sheehy vs. Mandeville, 6 Cr. 264; Elmwood vs. Dudendorf, 4 Barb. § 398; Anslie vs. Wilson, 7 Cow. 662; Randall vs. Rich, 11 Mass. 498; see also Walker vs. McKay, 2 Met. [Ky.] 294; Lee vs. Griffin, 31 Miss. 632; Berthold Adm’r &c., vs. Berthold, 46 Mo. 557.) II. The fact of an attachment being sued out in aid of the main suit will not help respondents. While an…
1Opinion of the CourtWagner, Judge
From the record in this case, it appears that the defendants, Keath & Keath, made their promissory note to L. & C. H. Bull *87of Quincy, Ills., for the sum of fifteen hundred dollars. This note was due and payable on the first day of July, 1873, and was signed by plaintiffs Hearne & Nichols as sureties. Defendants were in failing circumstances and were also about to remove from the State, and it was evideut that the plaintiffs as sureties would have the debt to pay. They accordingly inquired through a third person of L. & O. II. Bull, if they could get further time on the note and prevent a suit…
2Cited by27 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- May v. CrawfordSupreme Court of Missouri · 1899
- Scarlett v. BarnesDistrict Court, W.D. Missouri · 1990
- State Ex Rel. Government Employees Insurance Co. v. LaskyMissouri Court of Appeals · 1970
- Burrus v. CookSupreme Court of Missouri · 1908
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