Pratt v. Conway
Supreme Court of Missouri
Transferred from Kansas Oily Gourt of Appeals. (1) When mortgaged property is sold, the vendee assuming the incumbrance, the mortgagor’s obligation as principal debtor can not be changed to that of a surety, without the consent of the mortgagee. Conn. Ins. Oo. v. Mayer, 8 Mo.
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Transferred from Kansas Oily Gourt of Appeals. (1) When mortgaged property is sold, the vendee assuming the incumbrance, the mortgagor’s obligation as principal debtor can not be changed to that of a surety, without the consent of the mortgagee. Conn. Ins. Oo. v. Mayer, 8 Mo. App. 18; Shepard v. May, 115 U. S. 505; Keller v. Ashford, 133 U. S. 625; Duckwall v. Kisner, 35 N. E. Rep. 697; Boardman 'v. Larrabee, 51 Conn. 39; Waters v. Hubbard, 44 Oonn. 340; James v. Day, 37 la. 164; Union Stove Works v. Carswell, 16 L. R. A. 85; Crawford v. Edwards, 33 Mich.,354; Hayler v. Atwood, 26 N. J. Eq.…
1Opinion of the CourtGantt, P. J.
This is an action on a promissory note for $1,000.
Tbe cause has been certified to this court by tbe Kansas City Court of Appeals, because in tbe opinion of that court there is a conflict between its opinion and a prior decision of ■the St. Louis Court of Appeals.
*294. Tbe action was against Tbomas Oonway and Bridget T. Oonway, bis wife. At tbe trial plaintiff dismissed as to Mrs. Oonway.
Plaintiff recovered a verdict and judgment in tbe circuit court, but tbe court on a motion for a new trial set asidte tbe verdict and granted a new trial, and tbis is assigned as error.
Tbe facts are as follows:
In…
2Cases cited20 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Liverpool, New York & Philadelphia Steamship Co. v. Commissioners of EmigrationSupreme Court of the United States · 1885
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Shepherd v. MaySupreme Court of the United States · 1885
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3Cited by43 opinions
- Bias v. ReedCalifornia Supreme Court · 1914
- Hays v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1957
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
- Regan v. WilliamsSupreme Court of Missouri · 1905
38 more not listed; retrieve them via the Exa API.