Harper v. Rosenberger
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Plaintiff had a full and complete remedy at law. TTuder the provisions of section 8351; of Revised Statutes, his remedy was ample. He has obtained no relief in the decree rendered in this cause which he would not have received, had he followed the statutory remedy. (2) The decree is based upon the alleged tender made by plaintiff to defendant.
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Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) Plaintiff had a full and complete remedy at law. TTuder the provisions of section 8351; of Revised Statutes, his remedy was ample. He has obtained no relief in the decree rendered in this cause which he would not have received, had he followed the statutory remedy. (2) The decree is based upon the alleged tender made by plaintiff to defendant. The tender was insufficient, because it was coupled with a requirement that the judgment be assigned to plaintiff by defendant. (3) The tender ceased to be available to plaintiff,…
1Opinion of the CourtRombauer, P. J.
— The petition states, in substance, the following facts: The plaintiff signed a note for $1,000 as surety for one Kemble. Kemble failed to pay the note at maturity, and the plaintiff requested the holder to sue upon it, which the holder did, recoving a judgment thereon against Kemble and the plaintiff. This judgment the holder assigned to the defendant, who was Kemble’s agent and who knew that the plantiff was a mere surety on the note on which the judgment was founded. The plaintiff, learning of these facts, requested the defendant to cause execution to be issued on the judgment. This the…
2Cases cited6 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Hull v. SherwoodSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Phelps v. ScottSupreme Court of Missouri · 1930
- Arn v. ArnMissouri Court of Appeals · 1899
- Bank on Warren County v. KembleMissouri Court of Appeals · 1895
- Ferd Heim Brewing Co. v. JordanMissouri Court of Appeals · 1905
- Schuchman v. RobertsMissouri Court of Appeals · 1939
6 more not listed; retrieve them via the Exa API.