Stillwell v. Aaron
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. John T. Eedd, Judge. In order to discharge the surety, an agreement to extend the time of payment must have been made by plaintiff with the principal debtor upon a sufficient consideration, one which would have estopped him from bringing his action against the debtor for a fixed and definite period of time beyond the day of payment named in the note. Under this rule defendant was not exonerated by the evidence in this case.
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Appeal from Hannibal Court of Common Pleas. — Hon. John T. Eedd, Judge. In order to discharge the surety, an agreement to extend the time of payment must have been made by plaintiff with the principal debtor upon a sufficient consideration, one which would have estopped him from bringing his action against the debtor for a fixed and definite period of time beyond the day of payment named in the note. Under this rule defendant was not exonerated by the evidence in this case. (1) Blaine & Steers were the principal debtors, defendant was the surety and William Steers the indorser. While Steers…
1Opinion of the CourtHenry, J.
This was a suit on a note for $2,000, executed by Blaine & Steers, and the defendant, John Aaron, dated February 18th, 1873, payable 180 days after its date to William Steers, and by him indorsed to the plaintiff. The note was given for money borrowed by Blaine & Steers of Stillwell; the defendant, Aaron, was but the surety of *542tbe firm, and this was known to Stillwell when he received it. The evidence, on the part of the defendant, tended to' show that when the note became due Blaine & Steers paid thereon $1,000, and that in consideration of $10 then paid to Stillwell, he agreed with William…
2Cases cited20 opinions
- Miller v. McCanNew York Court of Chancery · 1839
- Ransom v. HaysSupreme Court of Missouri · 1867
- Rice v. MortonSupreme Court of Missouri · 1854
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Hosea v. RowleySupreme Court of Missouri · 1874
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3Cited by30 opinions
- Nelson v. BrownSupreme Court of Missouri · 1897
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
- Baade v. CramerSupreme Court of Missouri · 1919
- Lemmon v. WhitmanIndiana Supreme Court · 1881
- Shapleigh Inv. Co. v. MillerMissouri Court of Appeals · 1946
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