Elliott v. Qualls
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. F. G. Johnston, Judge.' (1) It is settled in this State that when the maker is released, the surety and all subsequent parties to the note are released. Stilwell v. Aaron, 69 Mo. 539; B{rown v. Croy, 74 Mo.
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Appeal from Barry Circuit Court. — Hon. F. G. Johnston, Judge.' (1) It is settled in this State that when the maker is released, the surety and all subsequent parties to the note are released. Stilwell v. Aaron, 69 Mo. 539; B{rown v. Croy, 74 Mo. App. 466; Story on Promissory Notes, sec. 423. (2) If the least benefit or damage be received by the promisor from the promisee, or a third person, or if the promisee sustain any or the least injury, or detriment, it will constitute a sufficient consideration to render the agreement valid. Wirt v. Sherman, 67 Mr. App. 636; 2 Kent Com. (2 Ed.), 466.…
1Opinion of the CourtNixon, P. J.
This action was commenced in a justice’s court by H. H. Elliott filing therein on August 31, 1909, a promissory note for $125 bearing compound interest at eight per cent, per annum, dated August 8, 1901, payable to the order of H. H. Elliott twenty-one months after date, signed by M. W. Edwards and G. W. Qualls, the appellant. The suit was begun against both Qualls and Edwards, but was dismissed as to Edwards in the justice’s court because the constable had returned the summons not served on Edwards. Defendant prevailed in the justice’s court, but upon trial de novo in the circuit court, a…
2Cases cited12 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
- Hosea v. RowleySupreme Court of Missouri · 1874
- Dunlap v. KellyMissouri Court of Appeals · 1904
- Merchant's Insurance v. HauckSupreme Court of Missouri · 1884
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3Cited by4 opinions
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- Hartford Fire Ins. v. CaseyMissouri Court of Appeals · 1917
- Nelson v. HudsonMissouri Court of Appeals · 1927
- Highland Investment Co. v. Kansas City Computing Scales Co.Supreme Court of Missouri · 1919