Grimes v. Stark
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. Devoid H. Fby, Judge. If A is surety for B on a note for $1,000, and pays $100 on the note he has an immediate right of action against B to recover the $100, even though the common creditor may still hold his note against both for a balance of $900. It would not be necessary for A, in order to entitle him to recover the $100 from B, to do more than to prove that he paid as B’s surety, $100 on a note.
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Appeal from Pike Circuit Court. — Hon. Devoid H. Fby, Judge. If A is surety for B on a note for $1,000, and pays $100 on the note he has an immediate right of action against B to recover the $100, even though the common creditor may still hold his note against both for a balance of $900. It would not be necessary for A, in order to entitle him to recover the $100 from B, to do more than to prove that he paid as B’s surety, $100 on a note. The description of the note upon which he made the payment would not be material. The amount of a surety’s recovery against a principal is measured not by…
1Opinion of the CourtGoode, J.
— John M. Grimes is the surviving husband and administrator of the estate of Nancy M. Grimes, deceased, and defendant Stark is her brother. The petition contains three counts, but the first and third need not be noticed because appellant has abandoned them. The second one is as follows:
“Plaintiff further states that the defendant, Wm. H. Stark, as principal, and Nancy M. Grimes as his surety, made their promissory note to one Thomas J. Mackey, dated on or *623about December 7,1895, for the sum of six hundred and forty-six dollars and sixty cents, the same bearing eight per cent 'interest…
2Cases cited1 opinion
- Hutchinson v. Reliance Realty Co.Missouri Court of Appeals · 1901