Scudder & Co. v. Morris
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Row. J. W. Mc-Elhmney, Judge. (1) As between the obligors in a note, parol evidence is always admissible to show liability as principals or sureties. Garrett v. Ferguson, 9 Mo. 124;. Bank v. Wright, 53 Mo. 153. (2) Josephine Burr executed the notes to Brock on a promise of appellant that Josephine should not lose anything thereby.
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Appeal from Franklin Circuit Court. — Row. J. W. Mc-Elhmney, Judge. (1) As between the obligors in a note, parol evidence is always admissible to show liability as principals or sureties. Garrett v. Ferguson, 9 Mo. 124;. Bank v. Wright, 53 Mo. 153. (2) Josephine Burr executed the notes to Brock on a promise of appellant that Josephine should not lose anything thereby. Appellant and Charles M. Morris at the same time signed said notes with said Josephine, and thereby appellant with said Charles M. Morris, secured the $3,000 for the use of said Charles. This was a sufficient consideration…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The instructions given and refused by the trial court show that the court was of the opinion that the evidence did not show or tend to show that defendant and Mrs. Burr, as between themselves, stood in the relation of principal and surety as to the Brock note for three thousand dollars borrowed and turned over to C. M. Morris and that there was no evidence showing or tending to show the consideration for the deed from the defendant to Mrs. Burr was other than that expressed in the deed itself, that is ‘ ‘ one dollar and love and affection. ’ ’ The three thousand…
2Cases cited14 opinions
- Lionberger v. BakerSupreme Court of Missouri · 1885
- B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1902
- Livermore v. . NorthrupNew York Court of Appeals · 1870
- First National Bank v. BertschyWisconsin Supreme Court · 1881
- Cresswell v. McCaigNebraska Supreme Court · 1881
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3Cited by6 opinions
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- Cooper v. NewellSupreme Court of Missouri · 1914
- Miller v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
- American Insurance v. GilbertDistrict Court, E.D. Missouri · 1970
- Fidelity & Deposit Company of Maryland v. BlantonDistrict Court, E.D. Missouri · 2023
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