Rice v. Morton
Supreme Court of Missouri
.Appeal from Cooper Circuit Court. 1, The agreement made by Smith and Rice with the creditors, on giving this power of attorney to confess the judgment, whereby the debt was to be collected from each rateably, is such as should be enforced by a court of equity by injunction. See 4 John.
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.Appeal from Cooper Circuit Court. 1, The agreement made by Smith and Rice with the creditors, on giving this power of attorney to confess the judgment, whereby the debt was to be collected from each rateably, is such as should be enforced by a court of equity by injunction. See 4 John. Ch. Rep. 22. 2. The same principles of equity exist between co-securities, to be relieved to the extent of the share of each in the debt, by the acts, &c., of the creditor, as exist between them and the principal, to be relieved of the whole debt, by similar acts, &c., of the creditor with the principal; and…
1Opinion of the CourtRyland, Judge
This was a civil action, brought by Rice in the Cooper Circuit Court, against George W. Morton, Charles W. Todd, Charles H. Smith, and against Jordin O’Bryan, Thomas W. Nelson and William H. Trigg, the last three as ■ executors of Jacob Wyan, deceased. The petitioner charges, that he and the defendant, Charles H. Smith, became the sureties of the defendant, Todd, in a note to the firm of Wyan & Trigg, executed on the first day of January, 1842, for three hundred dollars, due in six months, with ten per cent, per annum from date. The firm of Wyan & Trigg was composed of Jacob Wyan and William…
2Cases cited4 opinions
- Ferguson v. TurnerSupreme Court of Missouri · 1842
- Bank of Missouri v. Wells & BatesSupreme Court of Missouri · 1849
- Jones v. BullockCourt of Appeals of Kentucky · 1814
- Henderson v. McDuffeeSuperior Court of New Hampshire · 1829
3Cited by22 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Long v. MasonSupreme Court of Missouri · 1918
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- State v. EversSupreme Court of Missouri · 1872
- Priest v. WatsonSupreme Court of Missouri · 1882
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