Bruegge v. Bedard
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Tbe position of Mrs. Redard is that of a surety, and this is so because she did not sign any of the old notes or any of the new notes; in other words, all of the notes mentioned in the testimony were the notes of Erancis W. Bedard, her husband. (2) Asa surety for the husband, the wife stands in exactly the same position before the law as any other surety.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Tbe position of Mrs. Redard is that of a surety, and this is so because she did not sign any of the old notes or any of the new notes; in other words, all of the notes mentioned in the testimony were the notes of Erancis W. Bedard, her husband. (2) Asa surety for the husband, the wife stands in exactly the same position before the law as any other surety. Wilcox v. Todd, 64 Mo. 388; Barrett v. Davis, 104 Mo. 549; Sheldon on Subrogation (2 Ed.), 154; Albion Bank v. Burns, 46 N. T. 1Y0; Savage v. Winchester, 15 Gray…
1Opinion of the CourtGoode, J.
This is a suit in equity to set aside certain deeds of release, hereafter mentioned, and to foreclose a deed of trust which was executed on real estate in the city and county of St. Louis on the first day of February, 1895, by Francis W. and Mary Ann Bedard to August Gehner, trustee for John II. Bruegge, cestui que trust. The deed of trust was given to secure a promissory note of twenty-five hundred dollars and six interest notes of seventy-five dollars each of the same date. The large note represented a loan which was procured by one or both the Bedards, who then lived in Chicago, through…
2Cases cited12 opinions
- Vogel v. LeichnerIndiana Supreme Court · 1885
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Barrett v. DavisSupreme Court of Missouri · 1891
- Wilcox v. ToddSupreme Court of Missouri · 1877
- St. Louis & San Francisco Railway Co. v. GracySupreme Court of Missouri · 1895
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3Cited by2 opinions
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- State Ex Rel. Hardy v. FarrisMissouri Court of Appeals · 1932