Noell v. Gaines
Supreme Court of Missouri
Appeal from Chariton Circuit Court.- — Hon. G. D. Burgess, Judge. 1. The note and deed of trust were executed contemporaneously, and were dependent on each other; the deed of trust providing that the notes could be declared due for a failure to pay the annual interest. ' This contract governed and controlled the time for the payment of the notes. 2. If the terms of a contemporaneously executed deed of trust can prevent a note from becoming due, as provided by its terms, why…
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Appeal from Chariton Circuit Court.- — Hon. G. D. Burgess, Judge. 1. The note and deed of trust were executed contemporaneously, and were dependent on each other; the deed of trust providing that the notes could be declared due for a failure to pay the annual interest. ' This contract governed and controlled the time for the payment of the notes. 2. If the terms of a contemporaneously executed deed of trust can prevent a note from becoming due, as provided by its terms, why cannot the deed of trust thus executed, authorize the holder of the note to declare it due, before its maturity, as…
1Opinion of the CourtSherwood, C. J.
— The note in suit is as follows, to-wit:
“ Brunswick, Mo., February 26th, 1872.
“ Three years after date, I promise to pay to the order of Henry L. Gaines, $500, for value received, negotiable and payable, without defalcation or discount, and with interest from date at the rate of ten -per cent, per annum; and if interest be not paid annually, to become as principal, and bear the same rate of interest.
(Signed) Turgen Wild.”
Npon which note was the following indorsement: “ This note is secured by deed of trust, stamped according to law.”
The petition alleged the due presentment of the note for…
2Cases cited7 opinions
- Brownlee v. ArnoldSupreme Court of Missouri · 1875
- Mason v. BarnardSupreme Court of Missouri · 1865
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- Morgan v. MartienSupreme Court of Missouri · 1862
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3Cited by41 opinions
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- Page v. FordOregon Supreme Court · 1913
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