North Atchison Bank v. Gay
Supreme Court of Missouri
Appeal from Atchison Circuit Court.—Hon. C. A. ■ Anthony, Judge. (1) The court erred in refusing to allow defendant to sbow that he signed the instrument as surety under an agreement with Gay, the principal, that it should pot be delivered till one Wilkinson and others should sign it; and that it was in violation of such agreement delivered to plaintiff, without obtaining their signatures, and that plaintiff, without surrendering any security or other valuable thing, simply…
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Appeal from Atchison Circuit Court.—Hon. C. A. ■ Anthony, Judge. (1) The court erred in refusing to allow defendant to sbow that he signed the instrument as surety under an agreement with Gay, the principal, that it should pot be delivered till one Wilkinson and others should sign it; and that it was in violation of such agreement delivered to plaintiff, without obtaining their signatures, and that plaintiff, without surrendering any security or other valuable thing, simply credited the note on a prior unsecured $4,000 note of said Gay’s to plaintiff. Ayers v. Milrey, 53 Mo. 516; Davies v.…
1Opinion of the CourtGantt, P. J.
This suit was instituted against Will R. Gay, as principal, and David Gordon and Samuel May, as sureties, on the following written instrument: •
“Westbobo, Mo., October 10, 1888.
“$2,500.00.
“Ninety days after date we promise to pay to the order of North Atchison Bank $2,500, for value *206received, with interest from maturity at the rate of ten per cent, per annum,together with an attorney’s fee of ten per cent, of the whole amount due if collected by attorney or process of law.
“Will R. Qay,
“David G-ordon,
“Samuel May.
“Payable at North Atchison Bank, Westboro, Mo.”
Defendants, Will R. Qay and Samuel…
2Cases cited6 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- State Bank v. FrameSupreme Court of Missouri · 1892
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Deere v. MarsdenSupreme Court of Missouri · 1885
- State ex rel. Brown v. BakerSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Farmers State Bank v. HaunWyoming Supreme Court · 1924
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Mechanics'-American Nat. Bank v. ColemanCourt of Appeals for the Eighth Circuit · 1913
- Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
- McCornick v. SwemUtah Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.