Wilson v. Salisbury
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — How. Fred Lamb, Judge. (1) Plaintiff was an indorser on the note and only secondarily liable, and was therefore released by the unauthorized extension of time, it being made without her knowledge and for a valuable’ consideration.
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Appeal from Sullivan Circuit Court. — How. Fred Lamb, Judge. (1) Plaintiff was an indorser on the note and only secondarily liable, and was therefore released by the unauthorized extension of time, it being made without her knowledge and for a valuable’ consideration. Sec. 10090 and 10161, R. S. 1909; Jamison v. Copher, 35 Mo. 483; Nelson v. Brown, 140 Mo. 580. Therefore, •whether the payment was made by Martha Wilson the plaintiff or her husband G. W. Smith, the payment was voluntary. She cannot attack the conveyance. Lakenan v. Roberts, 9 Mo. App: 179. It is held that even though the…
1Opinion of the CourtBroaudus, P. J.
This is a suit to charge certain real estate with a lien to enforce a judgment.
On October 23, 1907, Jacob Salisbury, as principal, with the defendants, A. J. and E'. H. Salisbury as sureties, executed their promissory note for $104.50, payable to plaintiff, Martha Wilson, due in one year after date. Jacob and E. H. were the sons of A. J. Salisbury. Soon thereafter and before due, the plaintiff transferred the note to the Farmers’ Bank at Pollock. Before the maturity of the note the defendant, A. J. Salisbury, sold and conveyed the land sought to.be charged to his son, the defendant, E. H.…
2Cases cited5 opinions
- Turner v. AdamsSupreme Court of Missouri · 1870
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1906
- Childers v. PickenpaughSupreme Court of Missouri · 1909
- Commercial Bank of Boonville v. VollrathMissouri Court of Appeals · 1908
- Lewis v. WalkerMissouri Court of Appeals · 1895