Wonderly v. Giessler
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) The acceptance of the Giessler deed by Kammerer with the recital therein that the vendee assumed payment of the mortage debt was sufficient to impose personal liability upon Kammerer for this debt as principal debtor, and his signature was not necessary. Mc-Adaras v. King, 10 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. (1) The acceptance of the Giessler deed by Kammerer with the recital therein that the vendee assumed payment of the mortage debt was sufficient to impose personal liability upon Kammerer for this debt as principal debtor, and his signature was not necessary. Mc-Adaras v. King, 10 Mo. App. 578; Heim v. Vogel, 69 Mo. 529; Fitzgerald v. Barker, 70 Mo. 685, 85 Mo. 13; Crone v. Stinde, 156 Mo. 262, 55 S. W. 863; 56 S. W. 907; Higgins v. Evans, 188 Mo. 627, 87 S. W. 973. And Giessler as to the mortgage debt became “entitled…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Kammerer by assuming the payment of the deed of trust Avhen he purchased the land of Giessler, became the principal debtor, and Giessler thereafter stood in the relation of Kammerer’s surety for the payment of the note (Fitzgerald v. Barker, 70 Mo. 685; State ex rel. School District v. Riley, 85 Mo. 156; Culbertson v. Young, 156 Mo. 261, 56 S. W. 893; Sells v. Tootle, 160 Mo. 593, 61 S. W. 579; Artz v. Ins. Co., 90 Mo. App. 539) and had the same rights and remedies against Kammerer as any ordinary surety would have against his principal (Nelson v. Brown, 140…
2Cases cited12 opinions
- Fitzgerald v. BarkerSupreme Court of Missouri · 1879
- Dickason v. WilliamsMassachusetts Supreme Judicial Court · 1880
- Wayman v. JonesMissouri Court of Appeals · 1894
- Steele v. JohnsonMissouri Court of Appeals · 1902
- Bassett v. O'BrienSupreme Court of Missouri · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kniffen v. CommissionerUnited States Tax Court · 1962
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Smith v. CooleyCourt of Appeals of Texas · 1914
- Nelson v. HudsonMissouri Court of Appeals · 1927
- Dent v. MatthewsMissouri Court of Appeals · 1919
4 more not listed; retrieve them via the Exa API.