Noell v. Gaines
Supreme Court of Missouri
Appeal from Chariton Circuit Court.- — Hon. G. D. Burgess, Judge. 1. The note and deed of trust were executed contemporaneously, and were dependent on each other; the deed of trust providing that the notes could be declared due for a failure to pay the annual interest. ' This contract governed and controlled the time for the payment of the notes. 2. If the terms of a contemporaneously executed deed of trust can prevent a note from becoming due, as provided by its terms, why…
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Appeal from Chariton Circuit Court.- — Hon. G. D. Burgess, Judge. 1. The note and deed of trust were executed contemporaneously, and were dependent on each other; the deed of trust providing that the notes could be declared due for a failure to pay the annual interest. ' This contract governed and controlled the time for the payment of the notes. 2. If the terms of a contemporaneously executed deed of trust can prevent a note from becoming due, as provided by its terms, why cannot the deed of trust thus executed, authorize the holder of the note to declare it due, before its maturity, as…
1Dissent
Hough, J.,
Dissenting. — I dissent fi’om the foregoing opinion, because I conceive it to be wrong in principle, injurious in its effects, and in direct conflict with the previous decisions of this court.
It is in direct conflict with the case of Morgan v. James M. Martien, 32 Mo. 438. In that case it appeal’s that in May, 1857, Joseph G. Martien gave two notes to the plaintiff, Morgan, with the defendant, James M. Martien, as surety, one of which notes was due in one year, and the other in two years. Eor the purpose of securing said notes and other’s, Joseph G. Martien executed a trust deed…
2Cases cited20 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- First National Bank v. GaySupreme Court of Missouri · 1876
- Logan v. SmithSupreme Court of Missouri · 1876
- Church v. . BrownNew York Court of Appeals · 1860
- Brownlee v. ArnoldSupreme Court of Missouri · 1875
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