Noll v. Oberhellmann
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The fact of taking a deed of trust to secure an overdue note, which deed of trust is not enforceable for a definite time, will constitute an agreement for delay for such time as the deed of trust has to run, and will discharge a security on the note secured by such trust who was not privy to the taking of the same.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The fact of taking a deed of trust to secure an overdue note, which deed of trust is not enforceable for a definite time, will constitute an agreement for delay for such time as the deed of trust has to run, and will discharge a security on the note secured by such trust who was not privy to the taking of the same. Bmarr v. BcTmitter, 38 Mo. 481, 482; Roberts v. Moseley, 64 Mo. 507. An indorser of a note who signs the same, though neither payee nor indorsee at the time, by the consent of all parties that he shall be security…
1Opinion of the CourtThompson, J.
This action is brought against the defendants as joint makers of a promissory note for five hundred dollars, made in favor of the plaintiff. The name of the defendant, Niedringhaus, was written on the back of the note, and he was neither the payee nor an indorsee of the same.
The answer of Oberhellmann was a general denial, and also a special defence, to the effect that the note had been extinguished and discharged by the subsequent giving of another note secured by a mortgage. The answer oí Niedringhaus was a general denial, the same special defence as that of Oberhellmann, and, also, three…
2Cases cited11 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- McCune v. BeltSupreme Court of Missouri · 1869
- Williams v. JensenSupreme Court of Missouri · 1882
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- Semple, Birge & Co. v. AtkinsonSupreme Court of Missouri · 1877
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3Cited by6 opinions
- Foster County State Bank v. HesterNorth Dakota Supreme Court · 1909
- Russell v. BrownMissouri Court of Appeals · 1886
- English v. SeibertMissouri Court of Appeals · 1892
- Oexner v. LoehrMissouri Court of Appeals · 1906
- Barnett v. NolteMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.