Smarr v. McMaster
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. I. It is a general principle of law, that where an extension of time is given by the payee in a note to the principal debtor, without the consent of the surety therein, that said extension will release the surety; but where such consent is given, the surety is still held bound. (Nichols’ Adm’r v. Douglass et ah, 8 Mo. 49 ; 1 Pars. Notes, 288; 8 Ark. 141.) II.
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Error to Hannibal Court of Common Pleas. I. It is a general principle of law, that where an extension of time is given by the payee in a note to the principal debtor, without the consent of the surety therein, that said extension will release the surety; but where such consent is given, the surety is still held bound. (Nichols’ Adm’r v. Douglass et ah, 8 Mo. 49 ; 1 Pars. Notes, 288; 8 Ark. 141.) II. The administratrix is the full, legal representative of the intestate in regard to all personalty, and. all contracts affecting the personalty. (1 Will. Ex. 545-6; 1 Lorn. Ex. 287 ; Parsons v.…
1Opinion of the CourtBates, Judge
Smarr exhibited for allowance against the estate of Mc-Master, a note executed by Sclmitter, McMaster & Stevens. The defence made was, that McMaster and Stevens were securities of Sehnitter, and that the plaintiff had given Schnitter further time for the payment of the note, upon his giving additional security by a deed of trust upon land. The agreement to give further time was made after the death of McMaster, and the plaintiff offered to prove that the ar*351rangement was made with the consent of McMaster’s admin-istratrix. That evidence was rejected, upon the ground that the administratrix had…
2Cases cited1 opinion
- Lessing, Mayer & Co. v. VertreesSupreme Court of Missouri · 1862
3Cited by11 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Matson v. PearsonMissouri Court of Appeals · 1906
- Nichols v. ReyburnMissouri Court of Appeals · 1893
- Spaulding v. SussMissouri Court of Appeals · 1877
- Estate of Messersmith v. MessersmithSupreme Court of Missouri · 1915
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