Messenger v. Vaughan
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Under the written agreement, made at the time the note was made, considered with the note itself, the note became due October 20, 1888, and was payable then unless defendant signed it, as security, in which event it was to become due January 1, 1890. It being in the hands of W. H. Vaughan, Jr. (the payor), at the time the defendant signed it, the effect of his signing was to make a new contract by which…
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Under the written agreement, made at the time the note was made, considered with the note itself, the note became due October 20, 1888, and was payable then unless defendant signed it, as security, in which event it was to become due January 1, 1890. It being in the hands of W. H. Vaughan, Jr. (the payor), at the time the defendant signed it, the effect of his signing was to make a new contract by which the debt was to become due January 1, 1890, instead of October 20, 1888. The extension of the time of payment was a…
1Opinion of the CourtGill, J.
— The plaintiff Messenger sued defendant Vaughan, Sr., on a promissory note for $1,000, dated June 1, 1888, due by its terms January 1, 1890, and signed by W. H. Vaughan, Sr., and his son, W. H. Vaughan, Jr. The defense successfully interposed at the trial in the circuit court was that defendant Vaughan, Sr., signed the note long after it had been executed by Vaughan, Jr. (who was the original obligor), and delivered to plaintiff, and that he signed the same without consideration, and, therefore, as to-him said note was a mere naked promise, and not enforceable. The finding and judgment below…
2Cases cited4 opinions
- County of Montgomery v. AuchleySupreme Court of Missouri · 1887
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Pfeiffer v. KingslandSupreme Court of Missouri · 1857
- Howard v. JonesMissouri Court of Appeals · 1881
3Cited by3 opinions
- Adams v. HugginsMissouri Court of Appeals · 1899
- Allen v. DornanMissouri Court of Appeals · 1894
- Devitt v. FosterMississippi Supreme Court · 1931