Dodd v. Winn
Supreme Court of Missouri
Error to Ralls Circuit Cov/rt. This was an action in favor of Levi Dodd against Isham 0. Winn on a promissory note executed by David C. Glascock, M. McDonald, R. F. Richmond, Minor J. Winn, James G. Caldwell and said Isham 0. Winn.
Read the full summary
Error to Ralls Circuit Cov/rt. This was an action in favor of Levi Dodd against Isham 0. Winn on a promissory note executed by David C. Glascock, M. McDonald, R. F. Richmond, Minor J. Winn, James G. Caldwell and said Isham 0. Winn. The jury found the following special verdict: “ We, the jury, find a special verdict as follows : On the 6th day of April, 1849, the plaintiff Dodd sued Minor J. Winn, on the same note now sued on, before the recorder of the city of Hannibal, the said Minor being one of the obligors in the note. Said Dodd recovered a judgment before said recorder against said Minor…
1Opinion of the CourtRichardson, Judge
The law is well settled that a valid agreement between the creditor and the principal debtor to extend the time of payment, or any improper interference by the creditor with the process of law after the commencement of a suit, by which the surety may be injured or subjected to greater risk, or be delayed in the right on payment of the debt to proceed against the principal, if made or done without the assent of the surety, will discharge him from his liability; (24 Mo. 333; 26 Mo. 243;) and the relation of principal and surety or of co-sureties is not extingushed by judgment. (Rice v. Morton,…
2Cases cited4 opinions
- Rice v. MortonSupreme Court of Missouri · 1854
- Routon's Administrators v. LacySupreme Court of Missouri · 1853
- Bank of Missouri v. MatsonSupreme Court of Missouri · 1857
- Bank of Missouri v. MatsonSupreme Court of Missouri · 1858
3Cited by11 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Phelps v. ScottSupreme Court of Missouri · 1930
- Gordon v. MooreSupreme Court of Arkansas · 1884
- Van Petten v. RichardsonSupreme Court of Missouri · 1878
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
6 more not listed; retrieve them via the Exa API.