Jacobi v. Jacobi
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. Theodoee Beace, Judge. This is'a suit to foreclose a chattel mortgage on a stock of groceries and other merchandise. In 1881, plaintiff became surety for defendant Enoch. J. Jacobi on a note of the latter to a third party for twenty-five hundred dollars and interest at eight per cent, per annum payable one year thereafter.
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Appeal from Marion Circuit Court. — Hon. Theodoee Beace, Judge. This is'a suit to foreclose a chattel mortgage on a stock of groceries and other merchandise. In 1881, plaintiff became surety for defendant Enoch. J. Jacobi on a note of the latter to a third party for twenty-five hundred dollars and interest at eight per cent, per annum payable one year thereafter. In 1888, the note remaining yet unpaid, over due, Enoch J. Jacobi executed said mortgage to plaintiff to indemnify him as such surety. Plaintiff then took up the .said note. The amount of his payment on that account with interest…
1Opinion of the CourtBarclay, J.
No question is raised by any of the parties concerning the regularity of the proceedings by which the issues in the trial court were reached. There is, therefore, no need to discuss that subject further than to remark, as bearing on some of the questions we must consider, that the parties who intervened and became volunteer defendants in the suit were merely general creditors of Enoch J. Jacobi. They were admitted to defend at the instance of the assignee, Mr. Retti, by whom their claims against Enoch J. had been allowed as demands against the assigned estate. Their joint answer sought to…
2Cited by13 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- T. L. Smith Co. v. OrrCourt of Appeals for the Eighth Circuit · 1915
- Haseltine v. MessmoreSupreme Court of Missouri · 1904
- Riddle v. NorrisMissouri Court of Appeals · 1891
- Hequembourg v. EdwardsSupreme Court of Missouri · 1900
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