Hill v. Coombs
Missouri Court of Appeals
Error to Jackson Circuit Court. — Hon. B. P. Gates, Judge. Coombs and White signed their names upon the back of the note after it had been executed and delivered by the maker to the payee; by reason of these facts the defendants were not co-makers as alleged by plaintiff, but guarantors, and they could not be sued in the same suit with the maker or indorsers. This is the- law. Stagg v. Linnenfelser, 59 Mo. 336; Burnham v. Gosnell, 47 Mo. App. 637; Adams v. Huggins, 73 Mo.
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Error to Jackson Circuit Court. — Hon. B. P. Gates, Judge. Coombs and White signed their names upon the back of the note after it had been executed and delivered by the maker to the payee; by reason of these facts the defendants were not co-makers as alleged by plaintiff, but guarantors, and they could not be sued in the same suit with the maker or indorsers. This is the- law. Stagg v. Linnenfelser, 59 Mo. 336; Burnham v. Gosnell, 47 Mo. App. 637; Adams v. Huggins, 73 Mo. App. 140; Bank v. Shine, 48 Mo-. 464; Graham v. Ringo, 67 Mo. 324. (1) One who puts his name on the back of a note after…
1Opinion of the CourtSmith, P. J.
— This is a suit by plaintiff against defendants on a promissory note. There was a trial in the circuit court where the defendants Coombs and WTdte had judgment. Plaintiff brings the cause here on writ of error.
*266There were special findings of fact and conclusions of law made by the trial court which were incorporated into its judgment and which are as follows: “The court- finds that the defendants, Lee Blakemore and Annie R. Blakemore, are indebted to plaintiff on the note sued on the sum of six hundred and seventy-four dollars, for which sum judgment is hereby rendered, with interest thereon…
2Cases cited2 opinions
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Adams v. HugginsMissouri Court of Appeals · 1899
3Cited by7 opinions
- First National Bank v. LangSupreme Court of Minnesota · 1905
- Ford v. McClainMissouri Court of Appeals · 1912
- Roark v. Ideal Epworth Acetylene Co.Missouri Court of Appeals · 1915
- Taney County Bank v. BrayMissouri Court of Appeals · 1910
- Tri-State Lumber & Shingle Co. v. ProctorMissouri Court of Appeals · 1939
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