Wheeler v. Dake
Missouri Court of Appeals
Appeal from Linn Circuit Court. — JEL on. John P. Butler, Judge. (1) A guaranty of collection cannot be enforced until legal proceedings to collect have been instituted and proved ineffectual, although the principal may have been insolvent. Bosnian v. Akeley, 39 M'ich. 710, 33 Am. 447; Dwight v. Williams, 4 McLean 581; McMurry v. Noyes, 72 N. Y. 523; Osborn & Co. v. Lawson, 26 Mo.
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Appeal from Linn Circuit Court. — JEL on. John P. Butler, Judge. (1) A guaranty of collection cannot be enforced until legal proceedings to collect have been instituted and proved ineffectual, although the principal may have been insolvent. Bosnian v. Akeley, 39 M'ich. 710, 33 Am. 447; Dwight v. Williams, 4 McLean 581; McMurry v. Noyes, 72 N. Y. 523; Osborn & Co. v. Lawson, 26 Mo. App. 549. (2) The uncontroverted evidence in this case shows a complete settlement of the matters in controversy between plaintiffs’ testate and appellant. (3) The writing of the order to the trustee, W. H.…
1Opinion of the CourtBroaddus, P. J.
This is a suit against defendant as guarantor on his guaranty for the collection of two promissory notes. On the 20th day of September, 1898, John W. Toppin executed the two notes, in suit, payable to defendant. One was for the sum of $150 due in two years, the other for $250 due in three years, each bearing eight per cent interest. At the same time Toppin gave a trust deed upon lots 12, 13, 15, and 16, of Date’s Addition to the town of Brookfield, Missouri, to secure their payment. The defendant sold said notes to R. J. Wheeler and endorsed on the back of each above his signature the…
2Cases cited9 opinions
- State Savings Ass'n v. KelloggSupreme Court of Missouri · 1873
- Brackett v. RichSupreme Court of Minnesota · 1877
- Stone v. RockefellerOhio Supreme Court · 1876
- Tramell v. AdamSupreme Court of Missouri · 1828
- D. M. Osborne & Co. v. LawsonMissouri Court of Appeals · 1887
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3Cited by3 opinions
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- Dennis v. WoolseyMissouri Court of Appeals · 1925
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