Clinton County ex rel. Township 54, Range 30 v. Smith
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. John G,. Park, Special Judge. (1) The payments, if made, were on the loan account and not on the bond, which was given as personal security required by the statute. (2) Any payments, made were properly credited on the loan account and not on the bond, as the bond, like the mortgage on the real estate, was given as a security for the loan. It was no more evidence of the loan than the mortgage.
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Appeal from Clinton Circuit Court. — Hon. John G,. Park, Special Judge. (1) The payments, if made, were on the loan account and not on the bond, which was given as personal security required by the statute. (2) Any payments, made were properly credited on the loan account and not on the bond, as the bond, like the mortgage on the real estate, was given as a security for the loan. It was no more evidence of the loan than the mortgage. (3) The loan account, if competent evidence, showed that on January 1, 1895, there was default in the payment of interest which was never paid, and for more than…
1Opinion of the CourtWoodson, J.
This was a suit brought by tbe relators against the appellants on a school bond, executed by E..T- Smith as principal and E. C. Hall and Daniel Smith sureties, to recover tbe amount due thereon. Tbe bond was for five hundred dollars, bear*122ing eight per cent interest and was secured by a mortgage or deed of trust upon certain real estate described in the pleadings.
The suit was brought after various payments of the principal and interest had been paid; also after the real estate had been sold under the deed of trust, and the- proceeds thereof had been credited thereon. There was still due…
2Cases cited15 opinions
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Bender v. MarkleMissouri Court of Appeals · 1889
- Block v. DormanSupreme Court of Missouri · 1872
- Craig v. Callaway County CourtSupreme Court of Missouri · 1848
- Folz v. Tradesmen's Trust & Saving Fund Co.Supreme Court of Pennsylvania · 1902
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3Cited by4 opinions
- Highland Investment Co. v. Kansas City Computing Scales Co.Supreme Court of Missouri · 1919
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Engle v. Worth CountySupreme Court of Missouri · 1919
- Harris v. StewartMissouri Court of Appeals · 1917