Russell v. Brown
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas, Theo. Brace, Judge. The payment of interest in advance is not evidence of an agreement to extend the time of payment of a note, and, therefore, a surety will not be discharged thereby. St. Joseph Ins. Co. v. Hauck, 71 Mo. 465; Hosea v. Rowley, 57 Mo. 357; Coster v. Mesner, 58 Mo. 549; First Rat.
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Appeal from the Hannibal Court of Common Pleas, Theo. Brace, Judge. The payment of interest in advance is not evidence of an agreement to extend the time of payment of a note, and, therefore, a surety will not be discharged thereby. St. Joseph Ins. Co. v. Hauck, 71 Mo. 465; Hosea v. Rowley, 57 Mo. 357; Coster v. Mesner, 58 Mo. 549; First Rat. Bank v. Leavitt, 65 Mo. 562. Payment of interest in advance is a good consideration for the extension of the time of payment of a note. Stillwell v. Aaron, 69 Mo. 539. The agreement made between the holder of the note and the maker for an extension of…
1Opinion of the CourtThompson, J.
This was an action on a promissory note. There was-a default as to the defendant Coontz, and a verdict and judgment in favor of the defendant Brown, from which this writ of error is prosecuted by the plaintiff.
The defence of Brown was that he was merely a. surety on the note, and that he had been discharged from liability as such by two extensions of time given by the plaintiff to Coontz, in consideration of the payment by Coontz of interest to a date in advance.
The evidence was to the effect that there had been, several previous renewals of the indebtedness which had taken the form of the…
2Cases cited4 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
- Hosea v. RowleySupreme Court of Missouri · 1874
- Noll v. OberhellmannMissouri Court of Appeals · 1886
3Cited by7 opinions
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Citizens' Bank v. MoormanMissouri Court of Appeals · 1889
- American National Bank v. LoveMissouri Court of Appeals · 1895
- Elliott v. QuallsMissouri Court of Appeals · 1910
- Murdock v. LewisMissouri Court of Appeals · 1887
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