Phillips v. Riley
Supreme Court of Missouri
Appeal from New Madrid Circuit Cowrt. The following is the notice referred to in the opinion of the court: “ Sir — You are hereby required forthwith to commence suit against Eichard Phillips, principal in a certain note held by you, signed by said Phillips as principal and by the undersigned as security, dated 1st of February, 1855, and payable twelve months after date, for four thousand dollars, for value received. [Signed] Amos Eiley.”
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Appeal from New Madrid Circuit Cowrt. The following is the notice referred to in the opinion of the court: “ Sir — You are hereby required forthwith to commence suit against Eichard Phillips, principal in a certain note held by you, signed by said Phillips as principal and by the undersigned as security, dated 1st of February, 1855, and payable twelve months after date, for four thousand dollars, for value received. [Signed] Amos Eiley.” I. Notice by security to sue a principal who is a non-resident of the state, may be disregarded by the creditor because not embraced by our statute. (18 Mo.…
1Opinion of the CourtRichardson, Judge
The plaintiff commenced a suit on the 21st of August, 1857, on a promissory note, executed by Eichard Phillips as principal, and the defendant Eiley as his surety, for four *387thousand dollars, due the 1st of February, 1856. There was no service on Phillips, and the plaintiff discontinued as to him, but the summons was served on the defendant the day it issued. The only defence set up was that the defendant on the 8th of July, 1857, had caused a notice to be served on the plaintiff requiring him to commence suit immediately against the principal in the note, and that he had neglected to commence…
2Cases cited2 opinions
- Knox v. Hunt & LabeaumeSupreme Court of Missouri · 1853
- Hughes v. GordonSupreme Court of Missouri · 1842
3Cited by8 opinions
- Seattle Crockery Co. v. HaleyWashington Supreme Court · 1893
- Steamboat City v. MatthewsSupreme Court of Missouri · 1859
- Hightower v. OgletreeSupreme Court of Alabama · 1896
- Osborne v. FridrichMissouri Court of Appeals · 1908
- Sisk v. RosenbergerSupreme Court of Missouri · 1884
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