Allen v. Burgener
Missouri Court of Appeals
Appeal from Chariton Circuit Court.—Eon. John P. Butler, Judge. Where the payee of a note on assigning it before maturity guarantees its payment, demand upon the maker need not be shown as a condition precedent to hoi clings “the guarantor. Airey v. Pearson, 37 Mo. 425; Wright y. Dyer, 48 Mo. 525; Osborne & Co. v. Lawson, 26 Mo. App. 549; Wheeler y. Dake, 129 Mo. App. 547; Grannis y. Miller, 1 Ala. 471; Donley y. Camp, 22 Ala. 659; Bowman v. Curd, 2 Bush (Ky.) 565; Cent.
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Appeal from Chariton Circuit Court.—Eon. John P. Butler, Judge. Where the payee of a note on assigning it before maturity guarantees its payment, demand upon the maker need not be shown as a condition precedent to hoi clings “the guarantor. Airey v. Pearson, 37 Mo. 425; Wright y. Dyer, 48 Mo. 525; Osborne & Co. v. Lawson, 26 Mo. App. 549; Wheeler y. Dake, 129 Mo. App. 547; Grannis y. Miller, 1 Ala. 471; Donley y. Camp, 22 Ala. 659; Bowman v. Curd, 2 Bush (Ky.) 565; Cent. Inv. Co. y. Miles, 56 Neb. 272; Bondurant y. Bloden, 19 Ind. 160; Studebaker v. Cody, 54 Ind. 586; Allen v. Bightmere, 20…
1Opinion of the CourtJohnson, J.
Plaintiffs are the holders by indorsement of three negotiable promissory notes executed in February, 1899, and due respectively January 1, 1900, January 1, 1901, and January 1, 1902. The notes, have not been paid and this suit was brought in December, 1909, against the payee who before maturity sold and indorsed the notes to plaintiffs. All of the notes in substance and legal effect were the same. The indorsement on the back of the one first due was as follows:
“For value rec’d I hereby guarantee the payment of the within note and assign by interest in it to Geo. P. Allen and Son.” (signed)…
2Cases cited3 opinions
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Wright v. DyerSupreme Court of Missouri · 1871
- Airey v. PearsonSupreme Court of Missouri · 1866