Citizens Bank v. Evans
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) The guaranty in this case is absolute, and the liability of the guarantors is. commensurate with that of principal debtor, and no demand and notice of nonpayment was necessary to bind the guarantors; nor was it necessary for the creditor, the plaintiff, to use any diligence to enforce payment from the principal debtor. Printing Company v. Belcher, 127 Mo. App. 140'; Wright y.
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Appeal from St. Louis City Circuit Court.—Hon. George H. Shields, Judge. (1) The guaranty in this case is absolute, and the liability of the guarantors is. commensurate with that of principal debtor, and no demand and notice of nonpayment was necessary to bind the guarantors; nor was it necessary for the creditor, the plaintiff, to use any diligence to enforce payment from the principal debtor. Printing Company v. Belcher, 127 Mo. App. 140'; Wright y. Dyer, 48 Mo. 525 ; Barker y. Scudder, 56 Mo. 272; Singer Mfg. Co. y. Hester, 71 Mo. 91; Machine Co. v. Jones, 61 Mo. 409; Airey v. Pearson, 37…
1Opinion of the CourtNortoni, J.
This is a suit against the guarantors on a promissory note. A jury was waived and a trial had before the court. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
It appears that the Flake & Neilson Company, incorporated, was engaged in a mercantile business in Winona, Mississippi. On December 4, 1902, this concern, the Flake & Neilson Company, executed its promissory note to the plaintiff bank, whereby it promised to. pay, for money borrowed from the bank, $5000 four months after date. The two defendants, E. E. Evans and J. J. Jacobs, both residents of St. Louis,…
2Cases cited5 opinions
- Johnson v. Franklin BankSupreme Court of Missouri · 1903
- First National Bank v. LeavittSupreme Court of Missouri · 1877
- Keyser v. HinkleMissouri Court of Appeals · 1907
- Marquardt Savings Bank v. FreundMissouri Court of Appeals · 1899
- Miners & Merchants Bank v. RogersMissouri Court of Appeals · 1907
3Cited by4 opinions
- First State Bank v. BensonMissouri Court of Appeals · 1981
- Night & Day Bank v. RosenbaumMissouri Court of Appeals · 1915
- State Bank v. HafferkampSupreme Court of Missouri · 1926
- Frick Company v. SeibelMissouri Court of Appeals · 1938