Long v. Shafer
Missouri Court of Appeals
Appeal from Texas County Circuit Court. — Hon. L. B. Woodside, Judge. (1) Plaintiff was a holder for value of the note (sec. 9998, R. S. 1900), and the defendants having signed the same as makers were primarily liable thereon (sec. 10161, R. S. 1909), and their engagement to pay it according to its tenor was absolute (secs. 10161 and-10030, R. S. 1909). McCarty v. Smith, 97 Pac. 329; Yanderford v. Farmers and Merchants Bank, 105 Md. 164; S. C., 10 L. R. A. 129; S. G, 66 Atl.…
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Appeal from Texas County Circuit Court. — Hon. L. B. Woodside, Judge. (1) Plaintiff was a holder for value of the note (sec. 9998, R. S. 1900), and the defendants having signed the same as makers were primarily liable thereon (sec. 10161, R. S. 1909), and their engagement to pay it according to its tenor was absolute (secs. 10161 and-10030, R. S. 1909). McCarty v. Smith, 97 Pac. 329; Yanderford v. Farmers and Merchants Bank, 105 Md. 164; S. C., 10 L. R. A. 129; S. G, 66 Atl. 47; West v. Stubblefield, 17 App. Cases (D. C.), 283; Union Trust Co. v. McGrinty, 212 Mass. 205; S. G, Ann. Cases,…
1Opinion of the Court
OPINION.
FARRINGTON, J.
The issue in this court is made clear by the following language appearing in the brief of learned counsel for appellant:
“We concede that, under the law as it existed prior to the adoption of the uniform negotiable instruments act in 1905; it was competent to show by parol evidence that one who signed a negotiable instrument ostensibly as a maker signed as a surety and that the holder had knowledge of' the fact, and that upon proof of these facts and proof that the holder had extended the time of payment for a consideration moving from the principal, without the assent of…
Also in this document: Concurrence.
2Cases cited25 opinions
- Union Trust Co. v. McGintyMassachusetts Supreme Judicial Court · 1912
- Vanderford v. Farmers' & Mechanics' National BankCourt of Appeals of Maryland · 1907
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Bradley Engineering & Manufacturing Co. v. HeyburnWashington Supreme Court · 1910
- Fullerton Lumber Co. v. SnoufferSupreme Court of Iowa · 1908
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3Cited by16 opinions
- American National Bank v. KerleyOregon Supreme Court · 1923
- Merchants' National Bank v. SmithMontana Supreme Court · 1921
- Howth v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1925
- Foster v. Security Bank & Trust Co.Texas Commission of Appeals · 1926
- Gate City National Bank v. BuntonSupreme Court of Missouri · 1927
11 more not listed; retrieve them via the Exa API.