Williams v. Jensen
Supreme Court of Missouri
Error to Pike Circuit Court. — Hon. G. Porter, Judge. 1. The signing of the note by Mrs. Stonebreaker, she being a married woman without any separate estate, was .an absolute nullity, and did not constitute a valid consideration for the agreement not to sue. Daniel Neg.
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Error to Pike Circuit Court. — Hon. G. Porter, Judge. 1. The signing of the note by Mrs. Stonebreaker, she being a married woman without any separate estate, was .an absolute nullity, and did not constitute a valid consideration for the agreement not to sue. Daniel Neg. Inst., (2 Ed.) 206; Mason v Morgan, 2 Ad. & El. 30; Howe v.' Wilder, 34 Me. 566; Vansteenbergh v. Hoffman, 15 Barb. 28; Bauer v. Bauer, 40 Mo. 61. Therefore, the contract was not binding on the plaintiff and he could have sued at any time, and hence the surety was not discharged. 2. The note was not so altered by the signature…
1Opinion of the CourtHough, J.
On the 8th day of June, 1878, John E. Stonebreaker and the defendant, H. E. Jensen, executed a note to the plaintiff, A. W. Williams, for $475, due three months after date, on which this suit is founded. About the time of the maturity of the note, Williams agreed with Stonebreaker that if he would get his wife, Alicia M. Stone-breaker, to sign the note, he would extend the time of payment to August 1st, 1879. Williams knew that Jensen, who signed the note as joint maker, was surety only, and it is conceded that Jensen did not know at the time, that Mrs. Stonebreaker had signed the note, or…
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