Owen v. Bray
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. There is no evidence of a contract for the extension of the time of payment of the note sued on between Bray, the principal in the note, and bank and the instruction asked by the plaintiff should have been given. The second instruction given on behalf of the defendant was not justified by the facts and should have been refused.
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Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. There is no evidence of a contract for the extension of the time of payment of the note sued on between Bray, the principal in the note, and bank and the instruction asked by the plaintiff should have been given. The second instruction given on behalf of the defendant was not justified by the facts and should have been refused. The memorandum book of Bray, admitted in evidence, is not competent and should have been excluded. The court erred in excluding the bank book offered in evidence by the plaintiff.
1Opinion of the CourtBiggs, J.
This action originated before a justice of the peace. The suit is on a promissory note executed by the defendant Bray as principal and by the defendant Cardwell as surety. Bray made no defense and judgment was taken against him by the justice. Cardwell claimed to be released by reason of an alleged extension of the time for paying the note, and of which he claimed to have no knowledge. He made good the defense both before the justice and in the circuit court. The plaintiff has brought the case here by appeal.'
Surety released. The assignment that there is no substantial evidence of a valid…
2Cases cited7 opinions
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
- Commercial Bank v. WoodMissouri Court of Appeals · 1894
- Merchant's Insurance v. HauckSupreme Court of Missouri · 1884
- Citizens' Bank v. MoormanMissouri Court of Appeals · 1889
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3Cited by1 opinion
- Lederer v. MorrowMissouri Court of Appeals · 1908