Steele v. Johnson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Hon. Sellen P. Spencer, Judge. (1) The acceptance by a grantee of a deed containing a clause by which he assumes and-agrees to pay the mortgage debt of his grantor, makes him personally liable for the payment of the debt as the principal obligor, and the liability of the mortgagor becomes that of a surety; and all the doctrines governing principals and sureties apply to them according to the decisions cited below.
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Appeal from St. Louis City Circuit Court.- — Hon. Sellen P. Spencer, Judge. (1) The acceptance by a grantee of a deed containing a clause by which he assumes and-agrees to pay the mortgage debt of his grantor, makes him personally liable for the payment of the debt as the principal obligor, and the liability of the mortgagor becomes that of a surety; and all the doctrines governing principals and sureties apply to them according to the decisions cited below. Pratt v. Conway, 148 Mo. 291; Nelson v. Brown, 140 Mo. 580; "Wayman v. Jones, 58 Mo. App. 313. (2) Tbe surety is not discharged by an…
1Opinion of the CourtBarclay, J.
This action is upon "a promissory note executed by defendant, June 27, 1893, to George L. Edwards or order, for $4,000, payable three years after its date, with interest at eight per cent per annum after maturity.
The petition (after describing the note) charges that the payee indorsed the note in blank, without recourse, to Edward Bredell. The latter afterwards died. His executors assigned the note to plaintiffs for a valuable consideration.
Plaintiffs admit having received interest upon the note to May 4,1901, and $628.21 on account of the principal, leaving the balance claimed the sum of…
2Cases cited13 opinions
- Herd v. TuohyCalifornia Supreme Court · 1901
- Blount v. SprattSupreme Court of Missouri · 1892
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Nelson v. BrownSupreme Court of Missouri · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Glover v. ShirleyMissouri Court of Appeals · 1913
- Scottish Rite Temple Ass'n of Kansas City v. LucksingerMissouri Court of Appeals · 1937
- William Herbert Brown and Mary F. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1957
- Wonderly v. GiesslerMissouri Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.