Farrar v. Kramer
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. A change of the contract by the principals, in any particular, releases the guarantor, if made without his consent. — Whitcher v. Hall, 5 Barn. & Cress. 269 ; Taylor v. Johnson, 17 Ga. 534; Rowan v. Sharp Rifle Go., 33 Conn. 22 ; Blairs. Insurance Co., 10 Mo. 566 ; Morgan v. Martien, 32 Mo. 443 ; Ide s. Churchill, 14 Ohio St. 383; Millers.
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Appeal from St. Louis Circuit Court. A change of the contract by the principals, in any particular, releases the guarantor, if made without his consent. — Whitcher v. Hall, 5 Barn. & Cress. 269 ; Taylor v. Johnson, 17 Ga. 534; Rowan v. Sharp Rifle Go., 33 Conn. 22 ; Blairs. Insurance Co., 10 Mo. 566 ; Morgan v. Martien, 32 Mo. 443 ; Ide s. Churchill, 14 Ohio St. 383; Millers. Stewart, 9 Wheat. 702. The burden is upon those seeking to enforce the obligation to show such assent. — United States s. Ilillegras, 3 Wash. C. Ct. 75 ; Carpenters. Devon, 6 Ala. (n. s.) 726 ; Stowell s. Goodnow, 31 Me.…
1Opinion of the CourtBakewell, J.
This action is upon a guaranty executed by defendants, and is brought to recover seven months’ rent due by one Loeb to plaintiff, from May to December, 1875, under the provisions of the lease upon which the contract of guaranty was indorsed. The cause was tried without a jury. There was a finding and judgment for plaintiff; and defendants appeal.
The lease in question is under seal, dated Feb. 10, 1874; the premises are a four-story brick building; the term is six years, from April 1, 1874; the rent, payable monthly in advance, is $200 for the first year, $225 a year for the next four years,…
2Cited by6 opinions
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- White v. MiddlesworthMissouri Court of Appeals · 1890
- Bensberg v. HarrisMissouri Court of Appeals · 1891
- Alt v. GroscloseMissouri Court of Appeals · 1895
- Treadway v. JohnsonMissouri Court of Appeals · 1890
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