Boehne v. Murphy
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. Tfie instrument on which, this suit is founded was improperly admitted in evidence, as the record shows that it was not stamped, as required by the internal revenue laws of the United States, when first offered, and the respondents have not proceeded in the manner required to make an unstamped instrument valid. (Ü. S. Stat. at Large, 481, §§ 152, 158.) II.
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Appeal from, St. Louis Circuit Court. I. Tfie instrument on which, this suit is founded was improperly admitted in evidence, as the record shows that it was not stamped, as required by the internal revenue laws of the United States, when first offered, and the respondents have not proceeded in the manner required to make an unstamped instrument valid. (Ü. S. Stat. at Large, 481, §§ 152, 158.) II. The instrument sued on was a guaranty only for the payment of the goods obtained on its first presentation. The liability of a .surety is not to be extended by implication beyond the term of his…
1Opinion of the CourtBliss, Judge
The defendant gave to one Tully the following letter of credit addressed to plaintiff:
“St. Louis, March28, 1867.
“Messrs. Boehne & Gerken, City:
“ Gentlemen- : Please let Mr. P. Tully have the paints, oils, varnishes, glass, etc., he wants. I will be security for the amount for what he will owe you.
Andrew Murphy.”
The plaintiffs let Tully have the goods from time to time, from the date of the order, for about six months, amounting in all to .$575, and Tully made various payments so as to reduce the amount due to $145; to recover this balance the plaintiffs sue the guarantor.
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2Cases cited3 opinions
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Whitehill v. ShickleSupreme Court of Missouri · 1869
- White v. ReedSupreme Court of Connecticut · 1843
3Cited by13 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- Looney v. BelcherSupreme Court of Virginia · 1937
- Scudder v. AmesSupreme Court of Missouri · 1886
- Storts v. GeorgeSupreme Court of Missouri · 1899
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