Regan v. Williams
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. STATEMENT OF THE CASE. March 21, 1887, the respondent executed to Timothy Regan,- the father of the appellant, a promissory note for $4,000, due two years after date and bearing compound interest at the rate of eight per cent.
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Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. STATEMENT OF THE CASE. March 21, 1887, the respondent executed to Timothy Regan,- the father of the appellant, a promissory note for $4,000, due two years after date and bearing compound interest at the rate of eight per cent. The note was given for part of the purchase price of some land in Springfield, and to secure it a deed of trust was executed and delivered on the same day, by the defendant and wife, to Charles II. Goffé, trustee for said Timothy Regan, beneficiary. It contained the usual covenants and powers to the…
1Opinion of the CourtGoode, J.
The sale of the land by the original mortgagor, Williams, to the Scott Investment Company, and the assumption of the incumbrance by the latter, converted said company into the principal debtor with reference to the incumbrance, and the defendant into a surety. Wayman v. Jones, 58 Mo. App. 313; Nelson v. Brown, 140 Mo. 580; Pratt v. Conway, 148 Mo. 291. Timothy Regan, who then held the note and knew all about the arrangement, was bound thereafter to recognize said parties in those capacities. Nelson v. Brown, supra.
We must be controlled by the finding of the lower court that there was no…
2Cases cited29 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Nelson v. BrownSupreme Court of Missouri · 1897
- Battle v. . BattleSupreme Court of North Carolina · 1895
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3Cited by4 opinions
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