Wilkerson v. Sampson
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard--. Field, Judge. (1) Respondent cannot recover by motion under-sections 8351, 8352, Revised Statutes, 1889.. Tba statute does not confer upon á surety seeking to recover .from Ms cosurety his proportion of the debt, the remedy by motion. The right given by section 8349 applies solely to the penalty of interest given and fixes the proportion to be recovered.
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Appeal from the Pettis Circuit Court. — Hon. Richard--. Field, Judge. (1) Respondent cannot recover by motion under-sections 8351, 8352, Revised Statutes, 1889.. Tba statute does not confer upon á surety seeking to recover .from Ms cosurety his proportion of the debt, the remedy by motion. The right given by section 8349 applies solely to the penalty of interest given and fixes the proportion to be recovered. (2) This motion seeks .to recover for payments made upon the note before suit was brought by the original holder thereof, and for ■which no judgment was rendered. The statute, section…
1Opinion of the CourtSmith, P. J.
— The plaintiff filed a motion in the-circuit court of Pettis county, wherein he alleged that the Smith Manufacturing Company, a corporation, with plaintiff and defendant as sureties thereon, made-a certain promissory note whereby it promised to pay Georger R. Smith $1,200 with ten per cent, interest from date; that the manufacturing company paid the sum of $550 on said note; that on the seventeenth day of'July, 1883, the plaintiff paid $353.19 on said note; that afterwards judgment was rendered on said note for the balance due thereon in favor of the administrator of said Smith against…
2Cases cited10 opinions
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Carr v. MossSupreme Court of Missouri · 1885
- Van Petten v. RichardsonSupreme Court of Missouri · 1878
- Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Peters v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
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3Cited by7 opinions
- Hammons v. EhneySupreme Court of Missouri · 1996
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1903
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
- School District v. WallaceMissouri Court of Appeals · 1898
- Hanna v. HyattMissouri Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.