N. O. Nelson Manufacturing Co. v. Shreve
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Son. David H. Eby, Judge. (1) If the respondent really accepted defendant’s offer of guaranty made June 28, 1899, the law required it to notify defendant of its acceptance within a reasonable time thereafter, and its failure to do so defeats recovery in this ease. Kankin v. Childs, 9 Mo. 673; Smith v. Anthony, 5 Mo. 503; Bank v. Shine, 48 Mo. 456; Taylor v. Shouse, 73 Mo. 361; Mitchell & Bro. v. Kailton, 45 Mo.
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Appeal from Pike Circuit Court. — Son. David H. Eby, Judge. (1) If the respondent really accepted defendant’s offer of guaranty made June 28, 1899, the law required it to notify defendant of its acceptance within a reasonable time thereafter, and its failure to do so defeats recovery in this ease. Kankin v. Childs, 9 Mo. 673; Smith v. Anthony, 5 Mo. 503; Bank v. Shine, 48 Mo. 456; Taylor v. Shouse, 73 Mo. 361; Mitchell & Bro. v. Kailton, 45 Mo. App. 273; Brant on Suretyship and Guaranty, sec. 97; T'iedeman Commercial Paper, sec. 420. (2) It was respondent’s duty to give defendant “immediate…
1Opinion of the CourtGoode, J.
Respondent alleged that it sold to one Isaac O. Shreve, on a credit of thirty days, certain goods, wares and merchandise of the value of four hundred and twelve dollars and sixty-two cents, and attached an itemized account thereof to the petition; that the defendant in consideration that plaintiff should sell to said Isaac O. Shreve said goods, wares and merchandise, promised in writing to be responsible for the payment by Isaac O. Shreve of the prices of said merchandise; that the merchandise was sold and delivered on the faith of defendant’s guaranty, and plaintiff duly notified defendant…
2Cases cited10 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Reynolds v. DouglassSupreme Court of the United States · 1838
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Rankin v. ChildsSupreme Court of Missouri · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- American Surety Co. v. WhiteheadTexas Commission of Appeals · 1932
- Don L. Tullis & Associates, Inc. v. GoverMissouri Court of Appeals · 1979
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- Gimbel Bros. v. MitchellMissouri Court of Appeals · 1920
- Linro Medicine Co. v. MoonMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.