Wood & Oliver v. Ellis
Supreme Court of Missouri
ERROR to Lewis Circuit Court. 1st. The warrant of attorney was good to authorize the judgment confessed. See 5 Mass. Rep. 358. In this case the party, by a memorandum at the bottom of the note, acknowledged himself “surety” — was held to be original promissor — also shows an instrument commencing “I promise,” but signed by two persons — binds both. 1 Bibb R. 262; see 4 Littell 390. A judgment, literally against one defendant, construed to be valid against both defendants.
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ERROR to Lewis Circuit Court. 1st. The warrant of attorney was good to authorize the judgment confessed. See 5 Mass. Rep. 358. In this case the party, by a memorandum at the bottom of the note, acknowledged himself “surety” — was held to be original promissor — also shows an instrument commencing “I promise,” but signed by two persons — binds both. 1 Bibb R. 262; see 4 Littell 390. A judgment, literally against one defendant, construed to be valid against both defendants. See 7 N. Hamp. Rep. 232, one seal to a deed was held to be the seal of all the signers. The same case shows it is not…
1Opinion of the CourtScott, J.
James D. Glenn and Wm. S. Pemberton, who were indebted by note to Wood & Oliver, executed a power of attorney to U. Wright, S. T. Glover, and J. D. Dryden, or either of them, to confess a judgment in their stead in favor of the said Wood & Oliver, in the Lewis Circuit Court, at the March term thereof, in 1841. This power of attorney was executed both by Glenn and Pemberton, the name of Glenn alone was inserted in *384the body of the instrument, it reading thus: “Know all men by the presents, that I, James Glenn, do hereby constitute and appoint,” &c., omitting the name of Pemberton, which was…
2Cited by6 opinions
- First National Bank v. WhiteSupreme Court of Missouri · 1909
- George v. MiddoughSupreme Court of Missouri · 1876
- Ellis v. JonesSupreme Court of Missouri · 1873
- Kratz v. PrestonMissouri Court of Appeals · 1893
- Owen v. RhodesMissouri Court of Appeals · 1980
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