Bank of Buffalo v. Reagan
Missouri Court of Appeals
Appeal from Dallas Circuit Court. — Hon.. G. H. Slcinher, Judge. (1) Gammon’s testimony that he signed the note sued on at the request of plaintiff and merely as surety was erroneously excluded.
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Appeal from Dallas Circuit Court. — Hon.. G. H. Slcinher, Judge. (1) Gammon’s testimony that he signed the note sued on at the request of plaintiff and merely as surety was erroneously excluded. Coats v. Swindle, 55 Mo. 31. (2) When a man by his words or conduct knowingly causes another to believe in the existence of a certain state of things, and induces him to act upon that belief, so as to injuriously alter his previous position, the former will be concluded from averring as against the latter a different state of things as existing at the time. Garnhart v. Finney, 40 Mo. 462; Bnnce v.…
1Opinion of the CourtGray, J.
The suit is founded upon a promissory note, executed by the appellant and Clarence H. Reagan. The petition alleges: ‘ ‘ The defendants, each as principal, by their promissory note, promised for value received, to pay plaintiff the sum of two hundred and seventy-five dollars ($275) one day after date thereof,” etc. The defendant, Reagan, made default, but appellant answered, denying the allegations of the petition, and alleging that he signed the note as surety; that at the time it was executed and as an inducement for him to sign the same, plaintiff agreed that all payments made by Reagan to…
2Cases cited5 opinions
- Reichard v. Manhattan Life InsuranceSupreme Court of Missouri · 1862
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- McMillan v. ParkellSupreme Court of Missouri · 1876
- Dorrell v. SparksMissouri Court of Appeals · 1910
- Elder v. OliverMissouri Court of Appeals · 1888