Burton v. Rutherford
Supreme Court of Missouri
Appeal from, Randolph Circuit Court. I. This cause o£ action did not accrue at the time the note became due, but at the time plaintiff paid Guy the money. (Singleton v. Townsend, 45 Mo.'379; 1 Pars. Cont. 36 — 7; 2 Pars. •Bills and Notes, 253, § 7.) Nor does the administration statute of limitation of three years begin to run against a surety who pays the debt of his principal, until he has paid it.
Read the full summary
Appeal from, Randolph Circuit Court. I. This cause o£ action did not accrue at the time the note became due, but at the time plaintiff paid Guy the money. (Singleton v. Townsend, 45 Mo.'379; 1 Pars. Cont. 36 — 7; 2 Pars. •Bills and Notes, 253, § 7.) Nor does the administration statute of limitation of three years begin to run against a surety who pays the debt of his principal, until he has paid it. (Miller v. Woodward, 8 Mo. 169 ; Finney, Adm’r, v. The State, 9 Mo. 225; Chambers’ Adm’r v. Smith’s Adm’r, 23 Mo. 174; Hickman v. Hollingworth, 17 Mo. 475.) H. The allowance of a claim against the…
1Opinion of the CourtAdams, Judge
The firm of Rutherford & Malone, of which Hayden L. Rutherford was a partner, executed to the appellant, John G. Burton, their negotiable promissory note for $900, bearing date the 6th *257day of January, 1858, and due one day after date. On the 18th day of May, 1858, before the death of Hayden L. Rutherford, the appellant, wishing to realize the money on his note, applied to Rutherford for payment, who had not the money in hand; and at his request the note was sold to Irwin Guy, who.purchased it with the agreement between all the parties that the appellant would become and stand as surety for…
2Cited by19 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Burrus v. CookSupreme Court of Missouri · 1908
- Ferguson's Administrator v. Carson's AdministratorSupreme Court of Missouri · 1885
- Spaulding v. SussMissouri Court of Appeals · 1877
- Fullerton v. BaileyUtah Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.