Landon v. Markle
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.. The note referred to in the opinion of the' court was given in pursuance of a contract made between Boone and Smith, in which Smith assumed to grant Boone the exclusive right to sell and put up certain patent copper scroll lightning-rods in various counties in Missouri, and also in the counties of Brown and Doniphan in Kansas.
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Appeal from Buchanan Circuit Court.. The note referred to in the opinion of the' court was given in pursuance of a contract made between Boone and Smith, in which Smith assumed to grant Boone the exclusive right to sell and put up certain patent copper scroll lightning-rods in various counties in Missouri, and also in the counties of Brown and Doniphan in Kansas. In consideration of tbis grant, Boone, among other things, was to purchase his rods exclusively of said Smith, at prices therein agreed upon, payment to be made by note in bank, due sixty days from date. Shortly after' Boone entered…
1Opinion of the CourtCurrier, Judge
The plaintiff acquired the note in suit after its maturity, and consequently took it subject to all equitable as well as legal defenses the makers might have against it. The defendant in this action was a surety.
1. The evidence in relation to the notice to sue was properly excluded, since the notice proposed to be shown was not in writing, as the statute requires. (Gen. Stat. 1865, p. 406, § 1.) Even at common law, according to Judge Scott, “ a mere request by the surety to bring a suit was not binding on the holder, and his neglect to comply with such request did not release the surety.”…
2Cases cited1 opinion
- Grand Lodge of Masons v. KnoxSupreme Court of Missouri · 1855
3Cited by5 opinions
- Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
- Sims v. EverettSupreme Court of Arkansas · 1914
- Smith v. FreylerMontana Supreme Court · 1882
- Petty v. DouglassSupreme Court of Missouri · 1882
- Morbrose Investment Co. v. FlickMissouri Court of Appeals · 1915