First National Bank v. Leavitt
Supreme Court of Missouri
Appeal from Greene Circuit Court.—IIon. W. F. Geiger, Judge. The instructions given at the request of the plaintiff, to which reference is made in the opinion of the- court, are as follows: No. 1. That the payment or satisfaction of a note is that act which entitles the payors to a delivery of the note, and requires the assent of the legal holders of the note to the act to render it a payment or satisfaction of the note.
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Appeal from Greene Circuit Court.—IIon. W. F. Geiger, Judge. The instructions given at the request of the plaintiff, to which reference is made in the opinion of the- court, are as follows: No. 1. That the payment or satisfaction of a note is that act which entitles the payors to a delivery of the note, and requires the assent of the legal holders of the note to the act to render it a payment or satisfaction of the note. No. 2. That in this-case the plaintiff has never surrendered,. nor has the defendant, Robberson, done any act to entitle him to have possession of the note. No. 3. That the…
1Opinion of the CourtHenry, J.
l. principal and STTRPTV ' TPnfHVill note: payment of charge of surety.
When time is given to the principal debtor . by a valid agreement which ties up the hands of the creditor, though it be for a single day, the surety ° ° ° is discharged. Edwards on Bills and Notes ¿55. lhe rule and the reason lor the rule are much better stated by Rogers, J., in Clippinger v. Cress, 2 Watts 45. “If a creditor, by any contract which can be enforced againt him, at law or in equity, gives time to his debtor, he discharges the surety, for if, notwithstanding such contract, it were competent to sue the surety,…
2Cases cited11 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Putnam v. LewisNew York Supreme Court · 1811
- Holmes v. D'CampNew York Supreme Court · 1806
- Appleton v. KennonSupreme Court of Missouri · 1854
- Hart v. HudsonThe Superior Court of New York City · 1857
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3Cited by10 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Marquardt Savings Bank v. FreundMissouri Court of Appeals · 1899
- White v. SmithSupreme Court of Missouri · 1903
- Citizens Bank v. EvansMissouri Court of Appeals · 1913
- Miners & Merchants Bank v. RogersMissouri Court of Appeals · 1907
5 more not listed; retrieve them via the Exa API.