Thompson v. Brown
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) If Tyler signed his name ón the back of the note after its execution, he was not a co-maker, but a guarantor. Corbyn v. Brokmeyer, 84 Mo. App. 649; Adams v. Huggins, 73 Mo. App. 143; Burnham v. Gosnell, 47 Mo. App. 637; Ilagg v. Linnenfelser, 59 Mo. 336. (2) The undertaking of a guarantor is his own separate and independent contract, distinct from that of the principal debtor.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) If Tyler signed his name ón the back of the note after its execution, he was not a co-maker, but a guarantor. Corbyn v. Brokmeyer, 84 Mo. App. 649; Adams v. Huggins, 73 Mo. App. 143; Burnham v. Gosnell, 47 Mo. App. 637; Ilagg v. Linnenfelser, 59 Mo. 336. (2) The undertaking of a guarantor is his own separate and independent contract, distinct from that of the principal debtor. Parmalee v. Williams, 71 Mo. 410; Reagan v. Williams, 88 Mo. App. 584; Maddox v. Duncan, 143 Mb. 621; Corbyn v. Brokmeyer, 84 Mo. App. 649. (3) It is…
1Opinion of the CourtEllison, J.
On December 28, 1889, George M. Brown executed a non-negotiable note for $600 to George W. Yowler. On the back of the note the name, J. F. Tyler, is indorsed. Both Brown, the payor, and Yowler, the payee, died and afterwards plaintiffs became the owner of the note after its maturity. Plaintiffs presented it for allowance to the probate court where it was allowed. On appeal to the circuit court the plaintiffs again prevailed. The defense is the statute of limitations. The plaintiffs seek to avoid the statute by payments made by said Tyler and indorsed on the note. A question arose whether…
2Cases cited22 opinions
- Meier v. ThiemanSupreme Court of Missouri · 1886
- Carpenter v. . SouleNew York Court of Appeals · 1882
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- Huse v. AmesSupreme Court of Missouri · 1890
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