Keyser v. Hinkle
Missouri Court of Appeals
Appeal from Vernon Circuit Court.—Eon. J. B. Johnson, Judge. ’(1) Mr. Adair signed the note as a surety only. As such surety he is only bound technically and has a right to rely upon being technically released.
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Appeal from Vernon Circuit Court.—Eon. J. B. Johnson, Judge. ’(1) Mr. Adair signed the note as a surety only. As such surety he is only bound technically and has a right to rely upon being technically released. Higgins v. Harvester Co., 181 M'o. 311. (2) It is a general rule that a surety has a right to choose the terms upon which he will become liable, and to stand strictly upon those terms, so that any failure to comply with the conditions upon which he signs, discharges him. 1 Enc. of Law (2 Ed.), 379, 380, 383; 27 Enc. of Law (2 Ed.), 441, 443, 444, 533; 1 Brandt on Suretyship and…
1Opinion of the CourtJohnson, J.
This action, begun in Henry county and taken by change of venue first to Cass and then to Vernon county, is on a promissory note of which the following is a copy:
“Clinton, Missouri, Dec. 14, 1901.
“One year after date we promise to pay to the order of J. W. Keyser three thousand dollars, for value received, payable at the banking house of Salmon & Salmon, Clinton, Missouri, with interest from date at the rate of eight per cent per annum; and if interest be not paid annually to become as principal and bear the same rate of interest.
G. M. Casey,
Thos. M. Casey, William Adaie,
John Hinkle,
J. R.…
2Cases cited15 opinions
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Frenkel v. HudsonSupreme Court of Alabama · 1886
- Merchants' National Bank v. LovittSupreme Court of Missouri · 1893
- Appleton v. KennonSupreme Court of Missouri · 1854
- Kenneth Investment Co. v. National BankMissouri Court of Appeals · 1902
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3Cited by10 opinions
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- Meyers v. MatthewsWisconsin Supreme Court · 1955
- Sides v. ManninoMissouri Court of Appeals · 1961
- Baker v. FenleyMissouri Court of Appeals · 1939
- Brown v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915
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