Marquardt Savings Bank v. Freund
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — How. A. M. Woodson, Judge. (1) When a maker of a promissory note with his own money pays the amount due thereon to the holder, the transaction constitutes payment and releases the surety regardless of the intention of the parties. 24 Am. and Eng. Ency. Law, p. 819; Burnett v. Courts, 5 Harr & Johns (Md.) 78; Brandt on Suretyship [1 Ed.], sec. 292; 2 Daniels, Neg, Inst., secs. 1221, 1236, 1238; Swope v.Leffingwell, 4 Mo.
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Appeal from the Buchanan Circuit Court. — How. A. M. Woodson, Judge. (1) When a maker of a promissory note with his own money pays the amount due thereon to the holder, the transaction constitutes payment and releases the surety regardless of the intention of the parties. 24 Am. and Eng. Ency. Law, p. 819; Burnett v. Courts, 5 Harr & Johns (Md.) 78; Brandt on Suretyship [1 Ed.], sec. 292; 2 Daniels, Neg, Inst., secs. 1221, 1236, 1238; Swope v.Leffingwell, 4 Mo. App. 525, 534; Greening v. Patten, 51 Wis. 146; Eelch v. Lee, 15 Wis. 291. (2) Did the German Savings Bank intend to purchase the…
1Opinion of the CourtSmith, P. J.
Statement. This is a suit in equity which was brought to foreclose a deed of trust on certain real property, situate in Buchanan county in this state. The promissory note, which the said deed of trust was given to secure, was dated February 24, 1896, for $700 due four months after date, payable to the People’s Savings Bank of Des Moines, Iowa, and signed by Otto Kermehs, Mamie Kermehs and the defendant, Kate Freund, who, it is admitted, was surety thereon. The answer pleaded, first, payment of the note; and, second, that defendant was a surety on the note and was released by an extension of…
2Cases cited11 opinions
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Barrett v. DavisSupreme Court of Missouri · 1891
- Swope v. LeffingwellSupreme Court of Missouri · 1880
- Allen v. DermottSupreme Court of Missouri · 1883
- Campbell v. AllenMissouri Court of Appeals · 1889
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3Cited by6 opinions
- Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928
- Dent v. MatthewsMissouri Court of Appeals · 1919
- Citizens Bank v. EvansMissouri Court of Appeals · 1913
- Van Hoose v. Southwestern Machinery Co.Missouri Court of Appeals · 1913
- Rowe Ex Rel. Yager v. Bank of CentraliaMissouri Court of Appeals · 1928
1 more not listed; retrieve them via the Exa API.