Fisse v. Einstein
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The discharge in bankruptcy of the principal will not release the surety on art appeal-bond executed before institution of the bankruptcy proceedings. — Wilson Y.Oity Bank, 17 Wall. 473; Merritt y. Olidden, 39 Cal. 559 ; Bond v. Gurdain, 4 Binn. 269 ;. Holyoke y. Adams, 2 N. Y. 1. A composition under the-Bankrupt Act only exonerates the bankrupt, and does not; discharge his co-obligors or sureties. —Mason & Hamlin Organ Go. y.
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Appeal from St. Louis Circuit Court. The discharge in bankruptcy of the principal will not release the surety on art appeal-bond executed before institution of the bankruptcy proceedings. — Wilson Y.Oity Bank, 17 Wall. 473; Merritt y. Olidden, 39 Cal. 559 ; Bond v. Gurdain, 4 Binn. 269 ;. Holyoke y. Adams, 2 N. Y. 1. A composition under the-Bankrupt Act only exonerates the bankrupt, and does not; discharge his co-obligors or sureties. —Mason & Hamlin Organ Go. y. Bancroft, 4 Cent. L. J. 295, and note ; Gould" y. Butler, 5 Cent. L. J. 423. A composition in bankruptcy discharges the bankrupt…
1Opinion of the CourtBakewell, J.
In October, 1875, appellant commenced suit before a, justice of the peace, on promissory notes made by Einstein.. *80& Co., and indorsed by Stern & Brother, and obtained judgment ; from which Stern & Brother appealed, Joel Swope becoming the surety on the appeal-bond. Pending this appeal, a petition in bankruptcy was filed against Stern & Brother, who effected a composition with their creditors under the Bankrupt Act of 1867, and the amendatory acts approved June 22, 1874. Plaintiff was enumerated in the schedule of creditors, as the law requires. The sum to be paid, by the terms of the…
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