Harburg v. Kumpf
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. . (1) Henry O. Ktimpf signed the name on the back of said note as an indorser for George Kumpf, with the knowledge of Sophia Harburg that he was merely an indorser and surety.
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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. . (1) Henry O. Ktimpf signed the name on the back of said note as an indorser for George Kumpf, with the knowledge of Sophia Harburg that he was merely an indorser and surety. Any agreement between Sophia Harburg and George Kumpf that changed the terms of contract, extension of time of payment or change of rate of interest without the consent of Henry C. Kumpf, would release him whether he be indorser or surety. Smith v. Eice, 27 Mo. 505; 2 Brandt on Suretyship (2 Ed.), sec. 388; Post v. Losey, 111 Ind. 85; Warden v. Eyan, 37…
1Opinion of the CourtValliant, J.
This is a suit on a negotiable promissory note made by George Kumpf and Henry O. Kumpf to *19the order of Sophia Harburg, plaintiff’s testatrix, for $5,000, dated December 13, 1888, due one year after date, bearing-interest from date at 8 per cent per annum, interest payable semiannually. Both makers were sued, but George Kumpf made no defense. Henry O. Kumpf pleaded that the consideration-for the note was money borrowed of Sophia Harburg by George Kumpf for his own use, that Henry O. Kumpf signed it as security for George, and that Sophia Harburg knew that fact when she took the note; that…
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