Whetstone v. McCartney
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. James MSandusky, Judge. ■ The case is stated in the opinion. (1) After the assignment of the lease McCartney’s liability for the rent (if liable at all) was a collateral liability, made so by the terms of the lease. Bank ». Shine, 48 Mo. 468; Allen v. Bank, 4 Mo. App. 66 ; Shine v. Bank, 70 Mo. 624. The liability of the assignees Longmore and Maupin for the payment of rent to plaintiffs was direct.
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Appeal from Clinton Circuit Court. — Hon. James MSandusky, Judge. ■ The case is stated in the opinion. (1) After the assignment of the lease McCartney’s liability for the rent (if liable at all) was a collateral liability, made so by the terms of the lease. Bank ». Shine, 48 Mo. 468; Allen v. Bank, 4 Mo. App. 66 ; Shine v. Bank, 70 Mo. 624. The liability of the assignees Longmore and Maupin for the payment of rent to plaintiffs was direct. Smith v. Bunker, 17 Mo. 148 ; 2 Taylor on Land, and Ten. [8 Ed.] 1. The guarantor and principal debtor cannot be jointly sued. Qraham v. Bingo, 67 Mo. 324.…
1Opinion of the CourtEllison, P. J.
— Plaintiffs having recovered below, defendant brings the case here asking a reversal of the judgment.
The case shows that plaintiffs leased to defendant certain real property for two years by an instrument which contained the following clause: “For the use and rent thereof, the said J. R. McCartney hereby promises to pay to said Whetstone Bros., or to their order, six hundred dollars, for the whole time above stated, and to pay seventy-five dollars every three months.” Also the following clause : “In the event that said McCartney should desire to sell his lease, the Whetstone Bros, agree to…
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