Northrup v. Harrison
Court of Appeals of Kansas
Error to Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Our statute expressly provides that all contracts, which by the common law are joint only, shall be construed to be joint and several. R. S. 1889, sec. 2384, p. 607. (2) The statutes further provide that any creditor of joint or several debtors may compound with any one or more of them on such terms as he sees fit and release any one from liability, without impairing his rights against the balance.
Read the full summary
Error to Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Our statute expressly provides that all contracts, which by the common law are joint only, shall be construed to be joint and several. R. S. 1889, sec. 2384, p. 607. (2) The statutes further provide that any creditor of joint or several debtors may compound with any one or more of them on such terms as he sees fit and release any one from liability, without impairing his rights against the balance. This section of the statute needs no construction as applied to this case, for it construes itself. Hill v. Alexander, 77 Mo. 303;…
1Opinion of the CourtBroaddus, J.
This is a suit on a negotiable promissory note against Harrison Chambers as receiver of the Excelsior Springs Company, the maker, and against the other defendants, who were joint payees, as joint indorsers. -The note reads as follows, to-wit:
“$2,500. Kansas City, Mo., July 14, 1893.
“Eour months after date the Excelsior Springs Company promises to pay to the order of H. M. Holden, J. S. Chick, L. R. Moore, E. L. Martin and S. F. Scott, twenty-five hundred dollars for value received, payable at the National Bank of Kansas City, Missouri, with interest from maturity at the rate of eight per cent…
2Cases cited5 opinions
- Bank of U. S. v. BeirneSupreme Court of Virginia · 1844
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- Hubbard v. . MatthewsNew York Court of Appeals · 1873
- Shepard v. HawleySupreme Court of Connecticut · 1815
- Jarnagin v. StrattonTennessee Supreme Court · 1895
3Cited by2 opinions
- Case v. McKinnisOregon Supreme Court · 1923
- Eaves v. KeetonMissouri Court of Appeals · 1917