Ayres v. Milroy
Supreme Court of Missouri
Error to Louisiana Court of Common Pleas. I. If defendant signed the note as surety at the request of the maker and delivered it to him on the condition that he should obtain Dyer’s name, and the maker, without seeming it, delivered the note to the payee, who had received no notice of the condition upon which defendant signed the note, the latter is liable on the note. . (Farrell vs. Hunter, 21 Mo., 136.) II.
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Error to Louisiana Court of Common Pleas. I. If defendant signed the note as surety at the request of the maker and delivered it to him on the condition that he should obtain Dyer’s name, and the maker, without seeming it, delivered the note to the payee, who had received no notice of the condition upon which defendant signed the note, the latter is liable on the note. . (Farrell vs. Hunter, 21 Mo., 136.) II. As the note was absolute on its face when plaintiff received it, parol testimony was inadmissible to vary or contra-diet it. (Smith’s Adm’r vs. Thomas, 29 Mo., 307; Blackburn vs.…
1Opinion of the CourtWagner, Judge
This was an action commenced upon a non-negotiable promissory note against the defendant.
The defense set up in the answer was, that Milroy, the defendant, signed the note as surety for one Jones upon the express understanding, that Jones was also to procure the signature of D. P. Dyer, as an additional security, and, that if the name of Dyer was not obtained, then he was not bound; that Jones did not get Dyer to sign the note, and that plaintiff had full notice of this condition before- he received the note.
It seems that Jones took the note, and,without getting Dyer to sign it, he delivered…
2Cases cited12 opinions
- United States v. LefflerSupreme Court of the United States · 1837
- Bibb v. ReidSupreme Court of Alabama · 1841
- The People v. . BostwickNew York Court of Appeals · 1865
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
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3Cited by17 opinions
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- Tabor v. Merchants National BankSupreme Court of Arkansas · 1886
- Sherwood v. NealMissouri Court of Appeals · 1890
- Garvey v. MarksSupreme Court of Missouri · 1896
- Sharp v. AllgoodSupreme Court of Alabama · 1893
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