Legal Opinion

Furnold v. Bank of the State

Supreme Court of Missouri

Decided August 15, 1869PublishedCited by 31 opinions

Error to Fifth District Court. The Circuit Court erred in substituting the defendant in error in the place of Thomas Preston as co-security, and in holding that the defendant in error had a right to have the lien revived, and his claim enforced against the land of Selby, Cox & Gifford. < I. In this case plaintiff stands in the same situation as a surety, and is entitled to the same equities. (1 Sto. Eq. § 638; Ckesebro v. Millard, 1 Johns.

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Error to Fifth District Court. The Circuit Court erred in substituting the defendant in error in the place of Thomas Preston as co-security, and in holding that the defendant in error had a right to have the lien revived, and his claim enforced against the land of Selby, Cox & Gifford. < I. In this case plaintiff stands in the same situation as a surety, and is entitled to the same equities. (1 Sto. Eq. § 638; Ckesebro v. Millard, 1 Johns. Oh. 409; King v. Baldwin & Eowler, 2 Johns. Ch. 554; Moses v. Murgatroyd, 1 Johns. Ch. 119; Hays v. Ward, 4 Johns. Ch. 130; Curtis v. Tyler, 9 Paige, 32;…

1Opinion of the CourtWagner, Judge

This was a suit in the nature of a bill in equity, seeking to subject certain lands owned by some of the defendants to the payment of a ratable sum which the plaintiff had been compelled to pay by reason of a lien existing on his land, and tó require the Bank of the State of Missouri to assign certain claims and judgments to plaintiff.

It appears from the record that one Francis Preston borrowed a sum of money from the Bank of the State of Missouri, at Chillicothe, and that Thomas A. Preston, Hudson, and Austin, all of whom are made defendants, were his securities for the payment of the money.…

2Cases cited5 opinions

  1. Hayes v. WardNew York Court of Chancery · 1819
  2. Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
  3. Miller v. WoodwardSupreme Court of Missouri · 1843
  4. Enders v. BruneCourt of Appeals of Virginia · 1826
  5. Seely's Adm'r v. BeckSupreme Court of Missouri · 1868

3Cited by31 opinions

  1. Benne v. SchneckoSupreme Court of Missouri · 1889
  2. Leach v. Commercial Savings BankSupreme Court of Iowa · 1927
  3. Cornelia Bank v. First National BankSupreme Court of Georgia · 1930
  4. Phelps v. ScottSupreme Court of Missouri · 1930
  5. Long v. MasonSupreme Court of Missouri · 1918

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