McCourtney v. Sloan
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court — In Chancery. STATEMENT OP THE CASE. Sometime in the year 1819, John McCourtney, Sr., John McCourtney, Jr., Thos.
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APPEAL from St. Louis Circuit Court — In Chancery. STATEMENT OP THE CASE. Sometime in the year 1819, John McCourtney, Sr., John McCourtney, Jr., Thos. Sloan, the defendant, and Soloman G Krepps, all living in Fayette county Pa., became sureties for the firm of Baltzell §• Danforth, at Wheeling, Va., for a debt which that firm owed to one Jonathan Walton, for whiskey, and for which they gave their joint obligations, with their principals, dated the 11th of June, A. U. 1819, payable nine months after date, for $743 50, with interest. Afterwards, said Baltzell & Danforth, the principals, having…
1Opinion of the CourtScott, J.
After a full examination of this cause, we cannot perceive the grounds on which an affirmance of the decree below can be sustained. That decree, although its aim seems to be to do what is justice between the parties, is based upon principles at war with the rights of the appellants, acquired by a due course of law. They insist on their rights, and although in the course of events, they have got the advantage, yet their conduct does not appear to have been affected by any circumstances which can impair their claims.
The matter of pledging the whisky to Sloan, as an indemnity to him and his…
2Cited by2 opinions
- Mees v. GrewerNorth Dakota Supreme Court · 1932
- Walker v. BaconSupreme Court of Missouri · 1862