Headlee v. Jones
Supreme Court of Missouri
This was an action begun by respondent, as administrator of the estate of George W. Yan Lear, deceased, against the appellant, in the Green Circuit Court, on three negotiable notes executed by appellant and one Jason Jones to John A. Miller & Co., indorsed to Yan Lear after maturity.
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This was an action begun by respondent, as administrator of the estate of George W. Yan Lear, deceased, against the appellant, in the Green Circuit Court, on three negotiable notes executed by appellant and one Jason Jones to John A. Miller & Co., indorsed to Yan Lear after maturity. Defendant answered, admitting the execution of the notes, the indorsement by Miller & Co. to Yan Lear, but alleging that the notes were signed by him as security only, and not as principal; that this fact was well known to John A. Miller & Co. at the time of the execution of the notes; and that, subsequently…
1Opinion of the CourtWagner, Judge
Assuming that the appellant was a surety on the notes sued upon, the material question to be decided is whether he was released in consequence of the giving by the principal of a deed of trust on certain real estate to secure their payment. The deed of trust provides that if the grantor shall pay the sums of money specified in the notes within twelve months, then the deed shall be void, etc. There is no' express contract by which the time for payment is extended, nor is there any stipulation prohibiting an action being brought on the notes at any time after their maturity. In order to…
2Cases cited2 opinions
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- Smarr v. SchnitterSupreme Court of Missouri · 1866
3Cited by6 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Sweeney v. BixlerSupreme Court of Alabama · 1881
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884
- Noll v. OberhellmannMissouri Court of Appeals · 1886
- Sherer v. AkersMissouri Court of Appeals · 1898
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