Citizens' Bank v. Moorman
Missouri Court of Appeals
Appeal from, the Pike Circuit Court. — Hon. E. M. Hughes, Judge. There is no evidence tending to show either that Pohlman ever asked an extension of time on said notes, or that plaintiff ever suggested any such extension, or that any extension was agreed upon so as to suspend plaintiff ’ s right of action. This case does not differ in any material respect from that of Russell ». Brown, 21 Mo.
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Appeal from, the Pike Circuit Court. — Hon. E. M. Hughes, Judge. There is no evidence tending to show either that Pohlman ever asked an extension of time on said notes, or that plaintiff ever suggested any such extension, or that any extension was agreed upon so as to suspend plaintiff ’ s right of action. This case does not differ in any material respect from that of Russell ». Brown, 21 Mo. App. 51. See also Rosea t>. Rowley, 57 Mo. 357; Coster v. Mesner, 58 Mo. 549. The payment of interest in advance will not of itself establish an agreement for an extension. See cases above cited. There…
1Opinion of the CourtBiggs, J.
The plaintiff’s action is on two promissory notes for three hundred dollars each. The notes were signed by one E. Pohlman and the defendant. Pohlman died after the maturity of the notes, and prior to the institution of this suit. The defendant in his answer admitted the execution of the notes, but he alleged that he signed them as a surety, and that he had been released from liability by reason of agreements or contracts between the plaintiff and Pohlman, by which the tim.e for their payment had been extended, in that these contracts had been made without his knowledge or consent. The cause…
2Cases cited9 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Boatmen's Savings Bank v. OverallMissouri Court of Appeals · 1885
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
- Hosea v. RowleySupreme Court of Missouri · 1874
- Chandler v. FleemanSupreme Court of Missouri · 1872
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3Cited by6 opinions
- State v. DodsonMissouri Court of Appeals · 1973
- State v. TaylorSupreme Court of Missouri · 1968
- American National Bank v. LoveMissouri Court of Appeals · 1895
- First National Bank v. GardnerMissouri Court of Appeals · 1894
- Kennard v. McCroryMissouri Court of Appeals · 1940
1 more not listed; retrieve them via the Exa API.