Kincaid v. Yates
Supreme Court of Missouri
Error to Ray Circuit Court. cited: Dodd vs. Winn, 27 Mo., 501; Dunn vs. Wade, 23 Mo., 207; State Sav. Ass’n of St. Louis vs. Kellogg, 52 Mo., 583; Heralson vs. Mason, 53 Mo., 211; State to use, etc. vs. Patton, 42 Mo. 530; State to use, etc. vs. Matson, 38 Mo., 489; Wagn.
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Error to Ray Circuit Court. cited: Dodd vs. Winn, 27 Mo., 501; Dunn vs. Wade, 23 Mo., 207; State Sav. Ass’n of St. Louis vs. Kellogg, 52 Mo., 583; Heralson vs. Mason, 53 Mo., 211; State to use, etc. vs. Patton, 42 Mo. 530; State to use, etc. vs. Matson, 38 Mo., 489; Wagn. Stat., ch. 132, §§ 5, 6, 7, 8. The creditor has no right, and it is against the faith of his contract, to give time to the principal, even though manifestly for the benefit of the surety, without the consent of the surety. (Fell’s Law Guar. & Sur., p. 213; Lynch vs. Reynolds, 16 John., 61; Robertson vs. Vogle, 1 Dal., 252; 2…
1Opinion of the CourtHough, Judge
This was an action by the plaintiff, as surety, against the defendant, as his co-surety, for contribution.
The petition states the following facts: On the 12th day of January, 1861, Joseph D. Nelson executed and delivered to one Caroline Sinclair, a promissory note for the sum of two thousand eight hundred and eighty-one dollars and forty-five cents, with the plaintiff and the defendant as his sureties. Some time after the maturity of said note, Caroline Sinclair, who then resided in Kentucky, requested Nelson, who, with the sureties, lived in this State, to renew said note. Nelson sent her a…
2Cited by8 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Coral Gables, Inc. v. BarnesCourt of Appeals of Kentucky (pre-1976) · 1933
- Fisher v. StevensSupreme Court of Missouri · 1898
- First National Bank v. LeavittSupreme Court of Missouri · 1877
- Smith v. PowersDistrict Court, N.D. New York · 1919
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