Broadway Savings Bank v. Schmucker
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The indorser of a note is not discharged in consequence of discharging the maker, where it is done with the consent of the indorser. — Story on Bills, sect. 426., So, also, if the other parties concur in granting the delay, and in the agreement for that purpose, they can have no ground to complain that it is to their injury, for volenti non fit injuria. — Bayley on Bills (5th ed.), 340, 341, chap. 9 (1830) ; id. 359, 360, 364 (1836) ;…
Read the full summary
Appeal from St. Louis Circuit Court. The indorser of a note is not discharged in consequence of discharging the maker, where it is done with the consent of the indorser. — Story on Bills, sect. 426., So, also, if the other parties concur in granting the delay, and in the agreement for that purpose, they can have no ground to complain that it is to their injury, for volenti non fit injuria. — Bayley on Bills (5th ed.), 340, 341, chap. 9 (1830) ; id. 359, 360, 364 (1836) ; Suckley v. Furse, 15 Johns. 338 ; Oxford Bank v. Lewis, 8 Pick. 457; Forster v. Jurdison, 16 East, 105 ; Stevens v. Lynch,…
1Opinion of the CourtLewis, P. J.
The defendant is sued as indorser of a note made by E. H. Lutkewitte. The defence is, that in a composition between Lutkewitte and his creditors, to which the plaintiff was a party, the plaintiff released, acquitted, and discharged Lutkewitte of all and every claim, demand, indebtedness, and liability of every kind, including the note involved in this snit, whereby the liability of the defendant as indorser was also discharged. To this the plaintiff replies, admitting the composition and release as alleged, but averring that the defendant’s liability was not thereby dis*173charged, because the…
2Cases cited1 opinion
- Eggemann v. HenschenSupreme Court of Missouri · 1874
3Cited by3 opinions
- Brown v. CroyMissouri Court of Appeals · 1898
- Boatmen's Savings Bank v. JohnsonMissouri Court of Appeals · 1887
- Phenix National Bank v. HanlonMissouri Court of Appeals · 1914