Taylor v. Shouse
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. Samuel L. Sawyer, Judge. 1. The court erred in excluding the letter of Whitney to Taylor, dated March 24th, 1873. It tended to show that the letter of guaranty was the result of a previous arrangement between Whitney, Taylor and Shouse, and a circumstance tending to show that Shouse had previously agreed to sign the letter of guaranty in ease Taylor would give the thirty days’ credit. 2. Shouse was not entitled to notice.
Read the full summary
Error to Jackson Circuit Court. — Hon. Samuel L. Sawyer, Judge. 1. The court erred in excluding the letter of Whitney to Taylor, dated March 24th, 1873. It tended to show that the letter of guaranty was the result of a previous arrangement between Whitney, Taylor and Shouse, and a circumstance tending to show that Shouse had previously agreed to sign the letter of guaranty in ease Taylor would give the thirty days’ credit. 2. Shouse was not entitled to notice. He guaranteed payment of a particular sum at a given time; his undertaking was absolute. Davis S. M. Co. v. Jones, 61 Mo. 409; Smith…
1Opinion of the CourtHough, J.
This was a suit against the administrators of L. L. Shouse, on the following instrument of writing:
“ In consideration that J. P. Taylor, of Marshall, Missouri, and Olathe, Kansas, will give to Charles Whitney ? of the county of Jackson, and State of Missouri, thirty days’ time in which to pay for 500,000 hedge plants, we hereby guaranty to said J. P. Taylor the payment of *363any and all bills for hedge plants he may furnish on the order of said Charles Whitney, during the spring of 1873, and all necessary costs and expenses, if any, which he may incur in the/collection of the same, or for boxes…
2Cases cited5 opinions
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- Rankin v. ChildsSupreme Court of Missouri · 1846
- Davis Sewing Machine Co. v. JonesSupreme Court of Missouri · 1875
- Shine's Administrator v. Central Savings BankSupreme Court of Missouri · 1879
- Smith v. AnthonySupreme Court of Missouri · 1838
3Cited by9 opinions
- F. Mitchell & Bro. v. RailtonMissouri Court of Appeals · 1891
- N. O. Nelson Manufacturing Co. v. ShreveMissouri Court of Appeals · 1902
- Deering Harvester Co. v. SulserMissouri Court of Appeals · 1899
- Pearsell Manufacturing Co. v. JeffreysSupreme Court of Missouri · 1904
- John A. Tolman Co. v. MeansMissouri Court of Appeals · 1893
4 more not listed; retrieve them via the Exa API.