McPherson v. Meek
Supreme Court of Missouri
Error to DeKalb Circuit Court. The facts sufficiently appear in the opinion of the court. I. The court erred in striking out that part of the answer relating to the non-delivery of the bond. If after defendant had signed the bond, he declined giving the same, and plaintiff afterwards, contrary to defendant’s direction, delivered the bond to the county, plaintiff can not recover the amount he paid on the bond.
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Error to DeKalb Circuit Court. The facts sufficiently appear in the opinion of the court. I. The court erred in striking out that part of the answer relating to the non-delivery of the bond. If after defendant had signed the bond, he declined giving the same, and plaintiff afterwards, contrary to defendant’s direction, delivered the bond to the county, plaintiff can not recover the amount he paid on the bond. So also the court erred in striking out ' that portion of the answer charging that plaintiff signed the bond as security without the knowledge or consent of the defendant. (2 Greonl. Ev.…
1Opinion of the CourtEwing, Judge
This was a suit to recover the sum of $161.94, which plaintiff alleges he paid for the defendant as his security on a bond executed by them, (defendant being principal,) with one* Hudson, to the county of DeKalb for the use of the road and canal fund. The petition alleges that the bond bore date *347January 4, 1858, and was for $142.14, payable in twelve months; and that, defendant mating default, plaintiff paid said sum with interest January 19, 1859.
The answer denied the execution of the bond as charged, and that plaintiff paid the sum claimed ; admitted that the defendant signed the bond, but…
2Cited by9 opinions
- United States v. MarxenSupreme Court of the United States · 1939
- Anderson v. SpenceIndiana Supreme Court · 1880
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Holmes v. HughesCalifornia Court of Appeal · 1932
- Sullivan v. WilliamsSupreme Court of South Carolina · 1895
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