Adams v. Huggins
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. . (1) Under the facts alleged in the petition, the defendants Rundell, Moore and Cole, as between themselves and plaintiff, are bound and liable as co-makers of the note sued on. Butter v. Gambs, 1 Mo. App. 466; Bank v. Payne, 111 Mo. 300; Sylvester v. Downer, 49 Am. Dec. 786. (2) If the defendants are to be treated as guarantors, they would still be liable to plaintiff.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. . (1) Under the facts alleged in the petition, the defendants Rundell, Moore and Cole, as between themselves and plaintiff, are bound and liable as co-makers of the note sued on. Butter v. Gambs, 1 Mo. App. 466; Bank v. Payne, 111 Mo. 300; Sylvester v. Downer, 49 Am. Dec. 786. (2) If the defendants are to be treated as guarantors, they would still be liable to plaintiff. They placed their names on the back of the note to give it credit, and in consideration that plaintiff would purchase it from Huggins, which he did, paying…
1Opinion of the CourtEllisoh, J.
The court below sustained a demurrer to plaintiff’s amended petition on the ground that it did not state a cause of action. Plaintiff refused to amend and final judgment being taken against him, he appeals to this court.
The petition alleges that one Abrams executed his negotiable promissory note (the note in suit) to one G-arrett for $200, due in one year from date. That before the maturity of the note, Garrett indorsed it for value to defendant Huggins. Afterward, and before the note became due, Huggins, being desirous of procuring money, proposed and offered to sell said note to plaintiff,…
2Cases cited2 opinions
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- Burnham v. GosnellMissouri Court of Appeals · 1892
3Cited by7 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Bank of Moberly v. MealsSupreme Court of Missouri · 1927
- McAtee v. ShadeCourt of Appeals for the Eighth Circuit · 1910
- Adams v. HugginsMissouri Court of Appeals · 1899
- Corbyn v. BrokmeyerMissouri Court of Appeals · 1900
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