Higgins v. Deering Harvester Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. —Eon. Wm.- L. Jarrott, Judge. ■ (1) The alteration of a note does not discharge the mortgage by which it is secured, in the absence of fraud. Baskin v. Wayne, 62 Mo. App. 515; Hoffman v. Molloy, 91 Mo. App. 367; Clough v. Seay, 49 la. Ill; Vogle y. Ripper, 34 HI. 100; Smith v. Smith, 3 S. E. 78 <27 S. C.); Heath v. Blake, 5 S. E. 842; G-ilette v. Powell, Speers, Eq.
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Appeal from Johnson Circuit Court. —Eon. Wm.- L. Jarrott, Judge. ■ (1) The alteration of a note does not discharge the mortgage by which it is secured, in the absence of fraud. Baskin v. Wayne, 62 Mo. App. 515; Hoffman v. Molloy, 91 Mo. App. 367; Clough v. Seay, 49 la. Ill; Vogle y. Ripper, 34 HI. 100; Smith v. Smith, 3 S. E. 78 <27 S. C.); Heath v. Blake, 5 S. E. 842; G-ilette v. Powell, Speers, Eq. (S. C. 142); Plyler v. Elliott, 19 S. C. 264; Creek v. Nall, 17 S. E. 80,112 N. C. 370; G-ilette v. Smith, 18 Hun 10; Pingrey on Mortgages, sec. 259; 2 Jones on Mortgages (4 Ed.), 1215; Elliott…
1Opinion of the CourtMarshall, J.
This is a proceeding in equity to cancel a deed of trust made by the plaintiff and her husband, Emmet C. Higgins, on February 14, 1899, to W. T. Hull, as trustee for the defendant company, whereby the plaintiff pledged her property, to-wit, lot 3 and the south half of lot 4 of Russell’s .addition to Warrensburg, as surety for the payment of four promissory notes, executed by her said husband to said company, for his then past due indebtedness to the company. The particular ground for relief relied on is that after the contract of suretyship was entered into the company caused John C. Higgins,…
2Cases cited15 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Owings v. McKenzieSupreme Court of Missouri · 1896
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Evans v. ForemanSupreme Court of Missouri · 1875
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3Cited by8 opinions
- Beauchamp v. North American Savings Ass'nMissouri Court of Appeals · 1976
- Highland Investment Co. v. Kansas City Computing Scales Co.Supreme Court of Missouri · 1919
- Keyser v. HinkleMissouri Court of Appeals · 1907
- Board of Education v. National Surety Co.Supreme Court of Missouri · 1904
- Kirkland v. ToddMissouri Court of Appeals · 1993
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