Burnside v. Fetzner
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. I. Burnside is subrogated to all the rights of Bell in the premises. Bell, in a court of equity, after this debt had become due, could compeí Fetzner and his sureties to exonerate him from his liability by paying the debt, and could do so even though he, Bell, had paid no part of it. (1 Sto. Eq. §§ 327, 499 ; Wooldridge vs. Norris, Law Report, 6 Eq. 410 ; Champion vs. Brown» 6 John.
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Appeal from, Buchanan Circuit Court. I. Burnside is subrogated to all the rights of Bell in the premises. Bell, in a court of equity, after this debt had become due, could compeí Fetzner and his sureties to exonerate him from his liability by paying the debt, and could do so even though he, Bell, had paid no part of it. (1 Sto. Eq. §§ 327, 499 ; Wooldridge vs. Norris, Law Report, 6 Eq. 410 ; Champion vs. Brown» 6 John. Ch. 398 [161], 406 ; Marsh vs. Pike, 10 Paige, 595.) Where a collateral security, pledge or bond, is given for the better security or protection of a debt, a court of equity…
1Opinion of the CourtSherwood, Judge
Eetzner and Bell were partners in business, and became indebted to plaintiff in the sum of $1,687.50, evidenced by their note for that sum, and this note was- secured by deed of trust on the land of Eetzner. Afterwards the latter purchased Bell’s interest in the firm, giving a bond to Bell, with the defendants, Krug and Demond as his sureties, conditioned to pay off and discharge all the debts and liabilities of the firm, and to save Bell harmless respecting the same. This bond was executed and delivered, upon a valuable .consideration, the assumption of the indebtedness of the firm being a…
2Cases cited3 opinions
- Homer v. Savings BankSupreme Court of Connecticut · 1829
- Goodall v. WentworthSupreme Judicial Court of Maine · 1841
- Haven v. Foley & PapinSupreme Court of Missouri · 1853
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- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Kingman & Co. v. Cornell-Tebbetts Machine & Buggy Co.Supreme Court of Missouri · 1899
- Hudson v. RodgersMissouri Court of Appeals · 1906
- American National Bank v. KlockMissouri Court of Appeals · 1894
- Ridgley v. RobertsonMissouri Court of Appeals · 1896