Legal Opinion

Bank of Neelyville v. Lee

Missouri Court of Appeals

Decided July 10, 1914PublishedCited by 6 opinions

Appeal from Butler Circuit Court. — Hon. J. P. Foard, Judge. (1) Stout, expressly, and Biggs, inferentially, testify that they knew the first mortgage was given to the bank to secure the $525 note only, and Stout says he knew that it was not given to secure the $700 note in suit, therefore, they could not have been misled by any statement by the bank’s officers. 1 Bigelow on Estoppel 438; Acton v. Dooley, 74 Mo. 1. c. 67; Bales v. Perry et al., 51 Mo. 1. c. 452, 453, 454;…

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Appeal from Butler Circuit Court. — Hon. J. P. Foard, Judge. (1) Stout, expressly, and Biggs, inferentially, testify that they knew the first mortgage was given to the bank to secure the $525 note only, and Stout says he knew that it was not given to secure the $700 note in suit, therefore, they could not have been misled by any statement by the bank’s officers. 1 Bigelow on Estoppel 438; Acton v. Dooley, 74 Mo. 1. c. 67; Bales v. Perry et al., 51 Mo. 1. c. 452, 453, 454; Hequembourg v. Edwards, 155 Mo. 1. c. 522-523; Lange v. N. Y. Life-Ins. Co., 162 S. W. 1. e. 595; Blodgett v. Perry, 97…

1Opinion of the CourtRobertson, P. J.

Plaintiff brought this action against the defendants to recover on a negotiable promissory note, executed to it November 25', 1910, for the sum of $700.00, due four months after its date, providing for interest from maturity at the rate of eight per cent, per annum payable annually and if not so *188paid to bear tbe same rate of interest as the principal, upon which note the interest was paid to November 1, 1912. The defendants, Smith, Stout and Biggs signed as sureties for the defendant Lee. The note contained the following agreement: “The makers, sureties, endorsers and guarantors of this note…

2Cases cited13 opinions

  1. Blodgett v. PerrySupreme Court of Missouri · 1888
  2. Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1912
  3. State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
  4. Freeland v. WilliamsonSupreme Court of Missouri · 1909
  5. West v. BrisonSupreme Court of Missouri · 1889

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3Cited by6 opinions

  1. Burger v. City of SpringfieldSupreme Court of Missouri · 1959
  2. Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
  3. Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
  4. Bank of Neelyville v. LeeMissouri Court of Appeals · 1916
  5. Emmons v. WintersMissouri Court of Appeals · 1982

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