Van Hoose v. Southwestern Machinery Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number Tvro. — Hon. David E. Blair, Judge. 1. Tbe agreement between Van Hoose and tbe cosureties and tbe president and treasurer of the corporation was an alteration of tbe instrument of contract of the defendant cosureties and was such an alteration as released tbe defendants as they are not shown to have consented thereto. It makes no difference whether the alteration of the agreement was material or immaterial.
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Appeal from Jasper Circuit Court, Division Number Tvro. — Hon. David E. Blair, Judge. 1. Tbe agreement between Van Hoose and tbe cosureties and tbe president and treasurer of the corporation was an alteration of tbe instrument of contract of the defendant cosureties and was such an alteration as released tbe defendants as they are not shown to have consented thereto. It makes no difference whether the alteration of the agreement was material or immaterial. Banons v. ITandley, 68. Mo. App. 623; Bank v. Bosseman, 52. Mo. App. 269; Mid-duh v. Elliott, 61 Mo. App. 601; Bank v. Dnnn, 62 Mo. 79;…
1Opinion of the CourtFarrington, J.
The appellants contend (1) that there is no theory under the pleadings and the evidence on which a judgment could be rendered iu favor of the plaintiff and against these defendants, and for that reason ask this court to direct the circuit court to enter a judgment in their‘favor, or render *61judgment in their favor in this court; (2) that this action cannot be maintained'because Yan Hoose was the agent of or trustee for Ben Aylor, Allen Hardy, Jr., William Fahrman, and George Hardy; that Fahrman and George Hardy, each being sureties on the note, could not do indirectly through Yan Hoose what…
Also in this document: Concurrence.
2Cases cited18 opinions
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Swope v. LeffingwellSupreme Court of Missouri · 1880
- Vansandt v. HobbsMissouri Court of Appeals · 1900
- Campbell v. AllenMissouri Court of Appeals · 1889
- Harper v. RosenbergerMissouri Court of Appeals · 1894
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3Cited by2 opinions
- Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914
- Pridemore v. FifeMissouri Court of Appeals · 1914