Hill v. Combs
Missouri Court of Appeals
Appeal from Jackson Circuit Oourt. — Hon. James Gibson, Judge. (1) Defendants were guarantors. Parker v. Straat, 39 Mo. App. 623; Stagg v. Iinnenfelser, 59 Mo. 336; Burnham v. Gosnell, 47 Mo. App. 637; Adams v. Huggins, 78 Mo. App. 219. (2) Must the maker be proceeded against first or shown to be insolvent ? Osborn & Co. v. Lawson, 26 Mo.
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Appeal from Jackson Circuit Oourt. — Hon. James Gibson, Judge. (1) Defendants were guarantors. Parker v. Straat, 39 Mo. App. 623; Stagg v. Iinnenfelser, 59 Mo. 336; Burnham v. Gosnell, 47 Mo. App. 637; Adams v. Huggins, 78 Mo. App. 219. (2) Must the maker be proceeded against first or shown to be insolvent ? Osborn & Co. v. Lawson, 26 Mo. App. 554; Perry v. Barret, 18 Mo. 145. (3) A guaranty of payment is not even conditioned on demand, in this State-. Wright v. Dyer, 48 Mo. 527; Singer Mfg. Co. v. Hester, 71 Mo. 91; 2 Randolph on Com. Paper, see. 580; Baylis on Sureties and Guarantors, p.…
1Opinion of the CourtSmith, P. J.
This is a suit which was brought by plaintiff against defendants as guarantors on a note executed by a *246Mrs. Ready, payable to Blakemore. After tire delivery of the note to the payee the defendants wrote their names across the back thereof and immediately thereafter it was sold to the plaintiff for a valuable consideration. The defendants had judgment in the court below and plaintiff appealed.
I. At the threshold of this case the defendants have raised the objection that the record before us does not show that a motion for a new trial was filed in the trial court within the time required by the…
2Cases cited35 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Ross v. JonesSupreme Court of the United States · 1875
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3Cited by28 opinions
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Pemberton v. Ladue Realty & Construction Co.Supreme Court of Missouri · 1949
- Horigan Realty Co. v. First National BankMissouri Court of Appeals · 1925
- Mayes v. United Garment Workers of AmericaSupreme Court of Missouri · 1928
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