Gardner v. Mathews
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Plaintiff sues on tlie promise of defendants, made at the time he indorsed the note, that they would hold him harmless. The promise or agreement of defendants furnished no defense to the plaintiff when he was required, as indorser of the note, to pay it; but it constituted a good cause of action in a separate suit against defendants.
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Appeal from St. Louis Court of Appeals. Plaintiff sues on tlie promise of defendants, made at the time he indorsed the note, that they would hold him harmless. The promise or agreement of defendants furnished no defense to the plaintiff when he was required, as indorser of the note, to pay it; but it constituted a good cause of action in a separate suit against defendants. Atwood v. Lewis, 6 Mo. 392; Burcher v. Bayne, 7 Mo. 462; Bond v. Worley, 26 Mo. 253; Blackburn v. Harrison, 39 Mo. 303 ; Barry v. Sansum., 12 N. Y. 468 ; Glover v. MeGilvray, 63 Ala. 508; Hale v. Stewart, 76 Mo. 20 ; Graves…
1Opinion of the CourtNorton, J.
This cause is before us on appeal from the judgment of the St. Louis court of appeals, reversing the judgment of the circuit court of the city of St. Louis, and the appeal involves the question whether an accommodation indorser of a negotiable note, who after demand, protest and notice pays the note to the holder, can maintain an action to recover back by way of damages the amount so paid, basing his right to recover upon an alleged oral contract made at the time of the indorsement, that if, on the maturity of the note, the maker would give a new note secured by deed of trust on certain real…
2Cases cited4 opinions
- Jones v. ShawSupreme Court of Missouri · 1878
- Rodney v. WilsonSupreme Court of Missouri · 1877
- Life Ass'n of America v. CravensSupreme Court of Missouri · 1875
- Gardner v. MatthewsMissouri Court of Appeals · 1881
3Cited by5 opinions
- Kessler v. ClayesMissouri Court of Appeals · 1910
- Holmes v. FarrisMissouri Court of Appeals · 1902
- Harwood v. BrownMissouri Court of Appeals · 1886
- Weir Furnace Co. v. BodwellMissouri Court of Appeals · 1898
- McGuire v. AllenSupreme Court of Missouri · 1891