Schlicker v. Gordon
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. C. W. Miller, Judge. It is now well settled in this State that whatever may be the form of a note, it may be shown who received the money loaned, and who ought to pay it; and, without reference to the order of the names on a note, who is in fact the real principal in the debt.
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Appeal from Moniteau Circuit Court. — Hon. C. W. Miller, Judge. It is now well settled in this State that whatever may be the form of a note, it may be shown who received the money loaned, and who ought to pay it; and, without reference to the order of the names on a note, who is in fact the real principal in the debt. Garrett v. Ferguson, 9 Mo. 128; Scott v. Bailey, 23 Mo. 150; Coons v. Green, 9 Mo. 198; Mechanics’ Bank v. Wright, 53 Mo. 153. If the defendants borrowed the money of Holloway for plaintiff, and plaintiff received the money and agreed to pay the debt out of the proceeds of his…
1Opinion of the CourtNorton, J.
This proceeding was instituted in the Moniteau circuit court under sections 3904 and 3905, Revised Statutes 1879, for judgment against defendants on account of money alleged to have been paid by plaintiff as their security upon a judgment rendered in said circuit court against defendants and plaintiff. Upon the trial plaintiff had judgment, from which defendants have appealed.
i. principal and surety: motion by surely against principal: jury trial: practice, It appears from the record that plaintiff had duly notified defendants, as provided in section 3905, of his intention to file a motion…
2Cases cited3 opinions
- Edwardson v. GarnhartSupreme Court of Missouri · 1874
- Hensley v. BakerSupreme Court of Missouri · 1846
- McCune v. HullSupreme Court of Missouri · 1855
3Cited by1 opinion
- Schlicker v. GordonMissouri Court of Appeals · 1885