Kingman St. Louis Implement Co. v. McMaster
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The “guarantee contract” sued on must be construed as a whole. Styling the obligors “guarantors” or “sureties” does not of itself make them such. The nature of their liability and obligation, and the rights of appellant, must be ascertained from the instrument read as a whole. 2 Pars. Cont. (7 Ed.), 633; (6 Ed.), 501; 17 Am. and Eng. Ency. (2 Ed.), p. 4, et seep, title “Interpretation and Construction.”
Read the full summary
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The “guarantee contract” sued on must be construed as a whole. Styling the obligors “guarantors” or “sureties” does not of itself make them such. The nature of their liability and obligation, and the rights of appellant, must be ascertained from the instrument read as a whole. 2 Pars. Cont. (7 Ed.), 633; (6 Ed.), 501; 17 Am. and Eng. Ency. (2 Ed.), p. 4, et seep, title “Interpretation and Construction.” (2) Clearly Alsup and Grantham were not guarantors, though styled such, because, of necessity, the obligation of a…
1Opinion of the CourtBland, P. J.
(after stating the facts). — Plaintiff’s right to recover, if any it has, depends upon the construction that should he given to the contracts. In the memorandum agreement, Alsup and Grantham are called “guarantors;” in the guarantee or supplemental contract, from which we think the measure of their liability must be determined, they are called “sureties and guarantors,” and in consideration of the premises (set out) they say: “We, the undersigned, do hereby become surety and guarantor for the said G. J. McMaster, and do moreover agree and obligate ourselves and become liable to the company…
2Cases cited6 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- Burnes Estate v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
- Headlee v. JonesSupreme Court of Missouri · 1869
- Lafayette County v. HixonSupreme Court of Missouri · 1879
- Noll v. OberhellmannMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.