Driskell v. Mateer
Supreme Court of Missouri
Error to Callaway Circuit Court. I. The statement made by Driskell to Jones that he was released, as the note had been given to Mateer, the principal, .operated as a release. It put the surety off his guard, and may have prevented him from giving the statutory notice. It is not necessary that the surety should have been injured. It is sufficient if he might have been. (8 Pick. 122,131; 23 Verm. 430, 456.) II.
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Error to Callaway Circuit Court. I. The statement made by Driskell to Jones that he was released, as the note had been given to Mateer, the principal, .operated as a release. It put the surety off his guard, and may have prevented him from giving the statutory notice. It is not necessary that the surety should have been injured. It is sufficient if he might have been. (8 Pick. 122,131; 23 Verm. 430, 456.) II. The statement of Driskell to Jones that the note had been delivered to Mateer as a gift is a conclusive admission against Driskell, without reference to its truth as aforesaid; for Jones…
1Opinion of the CourtEwing, Judge
This was an action on a note for one hundred dollars, executed to Driskell by Mateer as principal and Jones as surety.
The evidence was that the plaintiff, Driskell, told a witness that he had given the note to the principal; that it had been filed with a justice of the peace, who issued summons *326to the defendants, and a few days thereafter the plaintiff dismissed the suit, paid the costs and took the note, and stated that he intended to give the note to the principal; that the plaintiff told Jones (the surety) that he was relieved from all liability on said note ; that upon Jones telling the…
2Cases cited1 opinion
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
3Cited by10 opinions
- State Ex Rel. Moss v. HamiltonSupreme Court of Missouri · 1924
- Daviess County Savings Ass'n v. SailorSupreme Court of Missouri · 1876
- National Bank of Commerce v. GilvinCourt of Appeals of Texas · 1912
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1914
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
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