Rucker v. Robinson
Supreme Court of Missouri
Error to St. Louis Circuit Court. The authorities have now settled, in reference to the giving of time, that a mere promise of indulgence is not suf-ficieut, that mere delay is not sufficient; that there must be “ an act of the creditor depriving himself of the power to sue, by something obligatory, which prevents the surety from coming into a court of equity for relief, because the principal having tied his own hands, the surety cannot release them.”
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Error to St. Louis Circuit Court. The authorities have now settled, in reference to the giving of time, that a mere promise of indulgence is not suf-ficieut, that mere delay is not sufficient; that there must be “ an act of the creditor depriving himself of the power to sue, by something obligatory, which prevents the surety from coming into a court of equity for relief, because the principal having tied his own hands, the surety cannot release them.” These words are those used by Ch. Jus. Gibbs, in Orme v. Young, Holt’s N. P. C. 84, and are copied literally by Judge Story,'in Locke v. United…
1Opinion of the CourtWagner, Judge
This was a suit instituted in the St. Charles Circuit Court, (and taken, by change of venue, to the Circuit Court of St. Louis county,) by plaintiffs against the defendants, Robinson, McDonald, Griffith and Overall, on a promissory note for the sum of four thousand dollars. The note was originally given to George Myers, as payee and holder, and bequeathed by him in his last will to his daughter Sarah A., a minor, who afterwards intermarried with John M. Rucker, the plaintiff. Robinson made no answer, and judgment by default was taken against him. McDonald, Griffith and Overall filed their…
2Cases cited9 opinions
- Joslyn v. SmithSupreme Court of Vermont · 1841
- Viele v. HoagSupreme Court of Vermont · 1851
- Atwood v. LewisSupreme Court of Missouri · 1840
- Bircher v. PayneSupreme Court of Missouri · 1842
- Bridge v. TiermanSupreme Court of Missouri · 1865
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3Cited by15 opinions
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Hosea v. RowleySupreme Court of Missouri · 1874
- Mueller v. DobschuetzIllinois Supreme Court · 1878
- Boatmen's Savings Bank v. JohnsonMissouri Court of Appeals · 1887
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