Hickam v. Hollingsworth
Supreme Court of Missouri
Error to Moniteau Circuit Court. This was an action begun before a justice of the peace and appealed to the Circuit Court, on a note made by James Williams, as principal, and James W.' Williams, George Williams, Samuel Murphy, James Smallwood, and the defendant, Hol-lingsworth, as his securities.
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Error to Moniteau Circuit Court. This was an action begun before a justice of the peace and appealed to the Circuit Court, on a note made by James Williams, as principal, and James W.' Williams, George Williams, Samuel Murphy, James Smallwood, and the defendant, Hol-lingsworth, as his securities. On the trial, the defendant proved the- death of James Williams, the principal, and then offered in evidence the following notice, which was proved to have been served upon the plaintiff' on the day of its date : “Mr. William Hickam: Sir — -You are hereby notified that you must lay in your note on…
1Opinion of the CourtRyi-AND, Judge
From the above statement, the important question in this case involves the construction of our statute, authorizing “ any person bound as security for another, in any bond, bill or note, for the payment of money, or delivery of property, at any time after an action has accrued thereon, to require, in writing, the person having such right of action forthwith to commence suit, against the principal debtor and other parties liable.” R. C. 1845, p. 998, title “securities.”
The second section of this act declares, “If such suit is not commenced within thirty days after the service of such notice,…
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