Sherer v. Akers
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. If Gallemore, after he became the owner of the note, took a mortgage on the lot to secure the note, either before or after the judgment against Daniel Sherer, and then released the mortgage, that had the effect to release him (Sherer) as surety. English v. Siebert, 49 Mo.
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Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. If Gallemore, after he became the owner of the note, took a mortgage on the lot to secure the note, either before or after the judgment against Daniel Sherer, and then released the mortgage, that had the effect to release him (Sherer) as surety. English v. Siebert, 49 Mo. App. 564; Ferguson v. Turner, 7 Mo. 497; Rice v. Morton, 19 Mo. 280; Priest v. Watson, 75 Mo. 315; Lower v. Bank, 78 Mo. 67. If Daniel Sherer had paid off the note as surety, he would have been entitled to be subrogated to the rights of Gallemore, who held the…
1Opinion of the CourtBond, J.
— This is a suit in equity to enjoin the execution of a judgment by default for the sum of $366.35, rendered against plaintiff and in favor of defendant Gallemore on the seventeenth of May, 1895. The equities alleged are that said judgment was rendered in a suit begun on the sixth of April, 1895, on the following note:
“$352.25. “Seneca,'Mo., Sept. 29th, 1894.
“On November 29th, 1894, after date I.promise to pay to the order of R. A. Mayfield, Three Hundred and fifty-two and 25-100 Dollars, for value received, negotiable and payable without defalcation or discount and with interest from date at…
2Cases cited3 opinions
- Crossland v. AdmireSupreme Court of Missouri · 1893
- State Bank v. BartleSupreme Court of Missouri · 1893
- Headlee v. JonesSupreme Court of Missouri · 1869
3Cited by5 opinions
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Carvey v. Indiana National BankIndiana Court of Appeals · 1978
- Jones v. JonesMissouri Court of Appeals · 1953
- McDonald v. McDonaldMissouri Court of Appeals · 1913
- Massey v. McCoyMissouri Court of Appeals · 1899