Taney County Bank v. Bray
Missouri Court of Appeals
Appeal from Taney Circuit Court. — Eon. John T. Moore, Judge. (1) The general doctrine is that the contract of the guarantor,being independent of that of the principal he cannot he jointly sued in the same action with the principal. Prior v. Kiso, 81 Mo. 241; Bank v. Shine, 48 Mo. 463; Graham v. Ringo, 67 Mo. 324. (2) The note in suit was giyen in August, 1901, and not transferred to plaintiff until January, 1904, a year or more after maturity.
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Appeal from Taney Circuit Court. — Eon. John T. Moore, Judge. (1) The general doctrine is that the contract of the guarantor,being independent of that of the principal he cannot he jointly sued in the same action with the principal. Prior v. Kiso, 81 Mo. 241; Bank v. Shine, 48 Mo. 463; Graham v. Ringo, 67 Mo. 324. (2) The note in suit was giyen in August, 1901, and not transferred to plaintiff until January, 1904, a year or more after maturity. The writing* of defendant’s name upon the back at that time was a separate and distinct transaction long after the note had been delivered and put…
1Opinion of the CourtGbay, J.
This is a suit by plaintiff against defendants on a promissory note executed on the 15th day of August, 1901, The makers of the note were the defendants, J. P. Bray .and J. G. Lewis, and the note was payable to the appellant. The note came due seventeen months from date, and on or about the 9th day of January, 1904, the appellant endorsed said note in writing across the back thereof, as follows, to-wit: “For value received I hereby guarantee payment of the within note, and waive demand and notice of protest on same when due. J. A. Sherrodd.” By this endorsement, the appellant transferred the…
2Cases cited3 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Hill v. CoombsMissouri Court of Appeals · 1902
3Cited by2 opinions
- Roark v. Ideal Epworth Acetylene Co.Missouri Court of Appeals · 1915
- Write Away Pen Co. v. BucknerMissouri Court of Appeals · 1915