Hartman v. Redman
Missouri Court of Appeals
Appeal from the Ralls County Circuit Court, Theo. Brace, Judge. The consideration having all passed to the principal before its execution by the principal, and the note having been executed and delivered to the respondents by the principal as his sole and individual note, the appellant’s subsequent signing of said noteas surety at the respondents’ request, andón their presentation of said note for said purpose, was a signing without consideration, was nudum pactum.
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Appeal from the Ralls County Circuit Court, Theo. Brace, Judge. The consideration having all passed to the principal before its execution by the principal, and the note having been executed and delivered to the respondents by the principal as his sole and individual note, the appellant’s subsequent signing of said noteas surety at the respondents’ request, andón their presentation of said note for said purpose, was a signing without consideration, was nudum pactum. McMahan v. Geiger, 73 Mo. 145. The principal’s legal liability to pay his other debt to a stranger was not a liability to pay…
1Opinion of the CourtRombauer, J.
This is an action on a promissory note signed by the defendant and one Smith.
The answer contains four separate defences. The substance of the first two is to the effect, that the note was given for an antecedent debt of Smith to the plaintiffs, and was made and delivered to the plaintiffs by Smith as' and for his individual note. That the defendant long after such delivery signed the note as surety for Smith and without any new consideration. The third defence relied on is that by an agreement between the plaintiffs and Smith, without the defendant’s knowledge and consent, the payment of the…
2Cases cited4 opinions
- Hosea v. RowleySupreme Court of Missouri · 1874
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- Pfeiffer v. KingslandSupreme Court of Missouri · 1857
- Cook v. ElliottSupreme Court of Missouri · 1864
3Cited by3 opinions
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- Elliott v. QuallsMissouri Court of Appeals · 1910
- Walker v. Traylor Engineering & Mfg. Co.Court of Appeals for the Eighth Circuit · 1926