Smarr v. Schnitter
Supreme Court of Missouri
Appeal f rom Hannibal Court of Common Pleas. Plaintiff sued defendants upon a note executed by Schnit-ter, Stevens, and one McMaster, the two latter being securities, dated July 12, 1856, and- payable in twelve months. Schnitter made default, Stevens pleaded a discharge by an extension of time of payment, &c. At the trial testimony was given to prove an agreement, to extend the time of payment, made between plaintiff and Schnitter without the consent or knowledge of Stevens.
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Appeal f rom Hannibal Court of Common Pleas. Plaintiff sued defendants upon a note executed by Schnit-ter, Stevens, and one McMaster, the two latter being securities, dated July 12, 1856, and- payable in twelve months. Schnitter made default, Stevens pleaded a discharge by an extension of time of payment, &c. At the trial testimony was given to prove an agreement, to extend the time of payment, made between plaintiff and Schnitter without the consent or knowledge of Stevens. The deed of trust given by Schnitter was also given in evidence; its terms are sufficiently stated in the opinion. The…
1Opinion of the CourtEagg, Judge
The b.ill of exceptions shows that several points were raised upon the trial of this cause in the court below, but the one which seems to be relied upon chiefly in the brief of the counsel for the appellant is the fact that the court erred both in the giving and refusing of instructions. To understand the force of what is urged as the ground for reversing the judgment in this case, it is only necessary to state in general terms the matter in controversy between the parties to the suit.
It was an action upon a promissory note executed by the respondents together with one McMaster. There was…
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- Noll v. OberhellmannMissouri Court of Appeals · 1886
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