Owings v. McKenzie
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The relation of principal and surety exists as between the maker of the notes and the grantees who assume and agree to pay. As to the holder of the notes, both maker and grantees are principal debtors and an extension does not release the original debtor. Ins. Co. v. Mayer, 8 Mo. App. 18; Brown v. Kirk, 20 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The relation of principal and surety exists as between the maker of the notes and the grantees who assume and agree to pay. As to the holder of the notes, both maker and grantees are principal debtors and an extension does not release the original debtor. Ins. Co. v. Mayer, 8 Mo. App. 18; Brown v. Kirk, 20 Mo. App. 524; Corbet v. Waterman, 11 Iowa, 86; Shepherd v. May, 115 U. S. 505; Circullu v. Hernández, 103 U. S. 105; Bey v. Simpson, 22 How. 341; Waters v. Hubbard, 44 Conn. 340; Boardman v. Laribee, 51 Conn. 39; Crawford v.…
1Opinion of the CourtRobinson, J.
This is a suit by plaintiff, the original payee in a note secured by deed of trust on land, for a personal judgment against the maker thereof and his grantees who purchased the property securing the note agreeing as. a part of the consideration for such conveyance, to assume the payment of the notes in suit together with another note mentioned in the deed of trust. We give the following facts of the case (as same appear in appellant’s statement), that the origin, history, and nature of the transaction between the contending parties may be fully understood.
*327• Plaintiff, Mrs. Owings, in…
2Cases cited3 opinions
- Noell v. GainesSupreme Court of Missouri · 1878
- Brownlee v. ArnoldSupreme Court of Missouri · 1875
- Headlee v. JonesSupreme Court of Missouri · 1869
3Cited by53 opinions
- San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
- Taylor v. American National BankSupreme Court of Florida · 1912
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Regan v. WilliamsSupreme Court of Missouri · 1905
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
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