Johnston v. Gawtry
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. Sureties, indorsers, and guarantors are liable only according to the law of the place where their contract is made. — Whart. on Confl., sect. 439; Story on Confl. 823, sects. 278, 279; Aymar v. Sheldon, 12 Wend. 439. This contract could not be enforced by the courts in New Jersey, because the statute prohibits its making. — Vankirh v. Skillum, 5 Vroom, 109 ; Peake v. Lahan, 6 C. E. Green, 269 ; Woolly v. Sargent, 3 Halst.…
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Appeal from the St. Louis Circuit Court, Adams, J. Sureties, indorsers, and guarantors are liable only according to the law of the place where their contract is made. — Whart. on Confl., sect. 439; Story on Confl. 823, sects. 278, 279; Aymar v. Sheldon, 12 Wend. 439. This contract could not be enforced by the courts in New Jersey, because the statute prohibits its making. — Vankirh v. Skillum, 5 Vroom, 109 ; Peake v. Lahan, 6 C. E. Green, 269 ; Woolly v. Sargent, 3 Halst. 262; 2 C. E. Green, 234; 6 Vroom, 517. The place of delivery is the place where the note first became a complete contract,…
1Opinion of the CourtBakewell, J.
This is a proceeding in equity to subject to the payment of the debt mentioned in the petition, certain real estate in St. Louis, the property of defendant Anne E. Gawtry, a married woman. The petition sets forth that the real estate described was, by the father of Mrs. Gawtry, devised to the co-defendant, her husband, in trust for Mrs. Gawtry’s separate use; that on May 1, 1877, at the city of New York, *325the defendants, William M. Gawtry, as principal, and Anne E. Gawtry, as surety, made their note, whereby they promised to pay to Harrison Johnston, two years after date, $10,077.69 ; that…
2Cases cited7 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Morrison v. ThistleSupreme Court of Missouri · 1878
- Miller v. BrownSupreme Court of Missouri · 1871
- Hooton v. RansomMissouri Court of Appeals · 1878
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1873
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3Cited by10 opinions
- Thomson v. KyleSupreme Court of Florida · 1897
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- Armstrong, Cator & Co. v. BestSupreme Court of North Carolina · 1893
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- Johnston v. GawtrySupreme Court of Missouri · 1884
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