Routon's Administrators v. Lacy
Supreme Court of Missouri
Error to Moniteau Circuit Court. In April, 1843, T. A. Todd, as principal, and Wm. Hall and W. A. Lacy, as sureties, executed a note to John Routon for one hundred dollars, payable two days after date. Wm.
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Error to Moniteau Circuit Court. In April, 1843, T. A. Todd, as principal, and Wm. Hall and W. A. Lacy, as sureties, executed a note to John Routon for one hundred dollars, payable two days after date. Wm. Hall died in the year 1845, and his administrators, on the 21st November, 1845, served on John Routon, the creditor, a notice, of which the following is a copy : “ Nov. 21st, 1845. Mr. John Routon: Sir — You are hereby notified, that the estate of William Hall, deceased, will no longer stand security for Tillman A. Todd, unless suit is commenced and prosecuted according to law. Given under…
1Opinion of the CourtScott, Judge
1. A mere delay in calling on the principal will not discharge the surety, unless it is accompanied with a binding contract for that purpose. At common law, a mere request by the surety to bring suit, was not binding on the principal, and his neglect to comply with such request did not release the security. The surety may pay the debt when it becomes due, or he may require the creditor, in a court of equity, to enforce his demands against the principal debtor. On paying the debt, he stands in the place of the creditor, and is entitled to be subro-gated to his rights. If by a valid contract…
2Cited by8 opinions
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- Dodd v. WinnSupreme Court of Missouri · 1858
- Singleton v. ShepherdMissouri Court of Appeals · 1917
- Wilson v. TebbettsSupreme Court of Arkansas · 1874
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