Chaonia State Bank v. Sollars
Missouri Court of Appeals
Appeal from Wayne County Circuit Court. — How. E. M. D earing, Judge. (1) The fact that under our statute an accommodation maker, or surety, is jointly liable as a comaker does not annihilate the equities which attend the relation of principal and surety. Stolze v. Fidelity & Guaranty Co., 153 Mo.
Read the full summary
Appeal from Wayne County Circuit Court. — How. E. M. D earing, Judge. (1) The fact that under our statute an accommodation maker, or surety, is jointly liable as a comaker does not annihilate the equities which attend the relation of principal and surety. Stolze v. Fidelity & Guaranty Co., 153 Mo. App. 34. (2) An agreement to the effect that if the title to the land sold, and in payment for which a note is given, shall fail, the payors will not he required to pay said note, is, after the title thereto has failed, a complete defense to a suit on such note. Benton v. Klein, 42 Mo. 97; Wellman…
1Opinion of the CourtSturgis, J.
This suit is on a promissory note. The principal defense is a failure of consideration in that the note was given for the purchase price of a tract of land the title of which failed. The court found against this defense and rendered judgment for plaintiff. The cause was tried to the court without a jury and no declarations of law were asked or given except that the court should find for the plaintiff under the law and evidence.
The facts leading up to the giving of the note in question are that originally defendant and one Green borrowed money from the plaintiff bank, giving their note, not…
2Cases cited17 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Leckie v. BennettMissouri Court of Appeals · 1911
- Massey v. YoungSupreme Court of Missouri · 1880
- Strain v. MurphySupreme Court of Missouri · 1872
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Conley v. Crown Coach CompanySupreme Court of Missouri · 1942
- Kurre v. American Indemnity Co.Missouri Court of Appeals · 1929
- Columbian National Life Insurance v. DubinskySupreme Court of Missouri · 1942
- Patten v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1930
- Underwood v. Oregon CountySupreme Court of Missouri · 1928
2 more not listed; retrieve them via the Exa API.