O'Day v. Sanford
Missouri Court of Appeals
Appeal from tbe Greene Circuit Court. — No». James T. Neville, Judge. (1) The obligation, although in form, a joint one, under the express provisions of the statutes of this State is several as well as joint. The statute provides: “All contracts which, by the common law, are joint only, shall be construed to be joint and several.”
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Appeal from tbe Greene Circuit Court. — No». James T. Neville, Judge. (1) The obligation, although in form, a joint one, under the express provisions of the statutes of this State is several as well as joint. The statute provides: “All contracts which, by the common law, are joint only, shall be construed to be joint and several.” Sec. 889, R. S. 1899. (2) It has been squarely held by the Supreme Court of this State that the plaintiffs, as legatees of John O’Day, deceased, could maintain this action on this obligation. Willis v. Barron, 143 Mo. 450; Faulkner v. Faulkner, 73 Mo. 327. (3) The…
1Opinion of the CourtGeay, J.
— On August 27,1908, the appellants filed m the circuit court of Greene county, Missouri, the following petition:
“Plaintiffs state that for value received the defendants executed and delivered to John O’Day the following note and obligation, to-wit: Springfield, Mo., Dec. 30, 1898. Three months after date we promise to pay to the *346order of John O’Day at Exchange Bank of Springfield, Mo., five hundred dollars. For value received, without defalcation or discount, with eight per cent interest after due until paid. For newspaper mail. John O’Day, E. L. Sanford, H. S. Jewell.
“Plaintiffs further…
2Cases cited7 opinions
- State ex rel. Attorney General v. Simmons Hardware Co.Supreme Court of Missouri · 1891
- First National Bank v. PayneSupreme Court of Missouri · 1892
- Sternberg v. LevySupreme Court of Missouri · 1901
- Willis v. BarronSupreme Court of Missouri · 1898
- Knaus v. GivensSupreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Himmelberger v. Central State BankSupreme Court of Iowa · 1925
- Mayer v. LaneNew Mexico Supreme Court · 1927