Binz v. Hyatt
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon Wm. L. Jarrott, Special Judge. (1) The memorandum sued on is nothing more than a strict guaranty, and should not receive a broader or more liberal interpretation than is signified by the words used when given their ordinary and usual meaning.
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Appeal from Buchanan Circuit Court. — Hon Wm. L. Jarrott, Special Judge. (1) The memorandum sued on is nothing more than a strict guaranty, and should not receive a broader or more liberal interpretation than is signified by the words used when given their ordinary and usual meaning. Our contention is that the guaranty stated clearly that these bonds mature November 27, 1913, and that if the plaintiff held the bonds until that date and default was made in the payment of them at maturity and for that reason the mortgage was foreclosed and the property sold to satisfy the bonds, they would bid…
1Opinion of the CourtCraves, J.
Plaintiff, Fred Binz, brought suit in the circuit court of Buchanan county, against Calvin C. Hyatt and James N. Burnes, administrator of the estate of John R. Owens, deceased. Trial was had in that court in which plaintiff recovered as against both defendants for $9,192, and defendants appealed. The suit is bottomed upon the following written instrument, viz:
‘ ‘ To Fred Binz:
“Having this day purchased of you an undivided one-half interest in the sausage works, and all personal property owned by the firm of Hoefer & Binz, in the city of St. Joseph, Missouri, and having paid for said property…
2Cases cited1 opinion
- Stickney v. EvansMassachusetts Supreme Judicial Court · 1879
3Cited by11 opinions
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- State Ex Rel. McCubbin v. McMillianMissouri Court of Appeals · 1961
- Helliker v. BramSupreme Court of Missouri · 1955
- Kirk v. Metropolitan Life InsuranceMissouri Court of Appeals · 1931
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