Ferd Heim Brewing Co. v. Jordan
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. W. B. Teasdale, Judge. (1) Appellant, on paying the money to the bank, ■took its place, and stands in its shoes as to the note. It is not suing at law in assumpsit, upon an implied promise on Jordan’s part to refund the money it paid for him; but it is asking to be subrogated to the rights which the bank, Jordan’s creditor, had for the same debt.
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Appeal from Jackson Circuit Court. — Eon. W. B. Teasdale, Judge. (1) Appellant, on paying the money to the bank, ■took its place, and stands in its shoes as to the note. It is not suing at law in assumpsit, upon an implied promise on Jordan’s part to refund the money it paid for him; but it is asking to be subrogated to the rights which the bank, Jordan’s creditor, had for the same debt. George v. Somerville, 153 Mo. 16; Storts v. George, 150 Mo. 8; Hackett v. Watts, 138 Mo. 517; Benne v. Schnecko, 100 Mo. 257; Humphreys v. Milling Co., 98 Mo. 553; Blair v. Bailroad, 89 Mo. 393; Ferguson v.…
1Opinion of the CourtJohnson, J.
— The undisputed facts in this case are that the defendant’s intestate, Samuel Jordan, executed his note with the plaintiff as surety thereon to the Missouri National Bank for $500; that said Jordan failing to pay the note at maturity, plaintiff — his surety —was compelled to pay it; that Jordan has since departed this life and defendant is administratrix of his estate. This is a suit in equity by which the plaintiff seeks to be decreed to be the equitable assignee and owner of said note and subrogated to all the rights and remedies of the payee thereunder. It is conceded that this suit was…
2Cases cited21 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Butler v. LawsonSupreme Court of Missouri · 1880
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- Burrus v. CookMissouri Court of Appeals · 1906
- Pease v. SylerWashington Supreme Court · 1914
- Pendergraft v. PhillipsSupreme Court of Oklahoma · 1916
- Reynolds v. SchadeMissouri Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.