Wright v. Dyer
Supreme Court of Missouri
Error to Warren Circuit Court. I. The contract of the guarantor was conditional. It was the holder’s duty to demand payment of the makers, and, on their refusal, to notify the guarantor (Sto. Prom. Notes, § 472; 2 Pars. Cont. 174 ; Rankin v. Childs, 9 Mo. 674) ; or if, by reason of the maker’s insolvency, no demand or notice were required, the fact of his insolvency should appear from the petition. (Sto.
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Error to Warren Circuit Court. I. The contract of the guarantor was conditional. It was the holder’s duty to demand payment of the makers, and, on their refusal, to notify the guarantor (Sto. Prom. Notes, § 472; 2 Pars. Cont. 174 ; Rankin v. Childs, 9 Mo. 674) ; or if, by reason of the maker’s insolvency, no demand or notice were required, the fact of his insolvency should appear from the petition. (Sto. Cont., § 871; Lewis v. Brewster, 2 McLean, 21; Foote v. Brown, id. 869.) II. The contract of the guarantor implies the condition that the holder shall use all proper and reasonable means to…
1Opinion of the Court
CüRRiER, Judge,
delivered the opinion of the court.
The defendant is sued upon the following contract, indorsed upon the back of an over-due promissory note payable to himse'lf: “ I assign the within note to Henry C. Wright, for value received, and guarantee its prompt and full payment. September 22, 1864. (Signed) David P. Dyer, Adm’r of the estate of G. W. Dyer, deceased.”
It is not claimed that this is other than a personal contract. The defense is that the contract was conditional and not absolute, and consequently that the holder should have shown diligence in his endeavors to collect of…
2Cases cited1 opinion
- Airey v. PearsonSupreme Court of Missouri · 1866
3Cited by11 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Hungerford v. O'BrienSupreme Court of Minnesota · 1887
- Fegley v. JenningsSupreme Court of Florida · 1902
- Delsman v. FriedlanderOregon Supreme Court · 1901
- D. M. Osborne & Co. v. LawsonMissouri Court of Appeals · 1887
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