Cauthorn v. Berry
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Plaintiff signed the notes long after they had been executed, and without any new consideration, and he was not bound thereby. McMahon v. Geiger, 73 Mo. 145. The right of action for contribution does not rest on the note signed, but on the implied promise to share the burdens.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Plaintiff signed the notes long after they had been executed, and without any new consideration, and he was not bound thereby. McMahon v. Geiger, 73 Mo. 145. The right of action for contribution does not rest on the note signed, but on the implied promise to share the burdens. Blake v. Downey, 51 Mo. 437. In this case there is no pretense that plaintiff was bound by any promise, express or implied. 4 Am. and Eng. Ency. of Law, p. 5, notes. Plaintiff signed the notes under duress, and to prevent a criminal prosecution (a…
1Opinion of the CourtBland, P. J.
J. E. Cauthorn was the son of J. W. Cauthorn, O. M. Berry was the son of S. J. Berry (a female). It appears from the record that J. E. Cauthorn and C. M. Berry purchased from one G-. L. Eerris, of Mexico, Missouri, a threshing machine, on July 25, 1889, and executed their several promissory notes for the purchase price, payable to the order of Eerris, three of which are in evidence by this record, ■ 'all dated July 25, 1889, all for same amount, $350, due October 1, 1890, November 1, 1890, and January I, 1891, all bearing interest from date at the rate of eight per cent per annum, and if…
2Cases cited4 opinions
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Berthold v. BertholdSupreme Court of Missouri · 1870
- Ferguson's Administrator v. Carson's AdministratorSupreme Court of Missouri · 1885
- Bank on Warren County v. KembleMissouri Court of Appeals · 1895
3Cited by7 opinions
- Phelps v. ScottSupreme Court of Missouri · 1930
- Kansas City Pump Co. v. JonesMissouri Court of Appeals · 1907
- Kreisel v. SnavelyMissouri Court of Appeals · 1909
- Cubitt v. CubittSupreme Court of Kansas · 1906
- Everett v. Glenn.Missouri Court of Appeals · 1931
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