Borum v. Reed
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. The parties intended one of two things, either that plaintiff' should assume the payment of the notes of Adam Reed to Amos and others, absolutely as of his own indebtedness, or that the Reeds thereby agreed to indemnify plaintiff against loss and damage in case he should be •compelled to pay these notes of Adam Reed to Amos and others; and the latter is the only fair construction to give the instrument, as there…
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Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. The parties intended one of two things, either that plaintiff' should assume the payment of the notes of Adam Reed to Amos and others, absolutely as of his own indebtedness, or that the Reeds thereby agreed to indemnify plaintiff against loss and damage in case he should be •compelled to pay these notes of Adam Reed to Amos and others; and the latter is the only fair construction to give the instrument, as there is no direct assumption and agreement in writing by plaintiff to pay these debts of Adam Reed. Isaac H. Reed was but a…
1Opinion of the Court
Norton, J".
This is a suit by attachment, commenced in the Jasper county circuit court, on a note, of which the following is a copy :
“ $1,153 10-100. January the 14th, 1878.
One day
Six months after date we, or either of us, promise to pay S. P. Borum, or order, the sum of one thousand one *463hundred and fifty-three dollars and ten cents, with interest at eight per cent from date, value received. This note for purpose of paying John Bonecuta the sum of $87; paying J. E. Amos $953 10-100 ; paying Dickson $8 ; and all other debts which S. P. Borum is security for.
A. Eeed,
I. H. Eeed.”
Defendants…
2Cases cited2 opinions
- Jones v. HartSupreme Court of Missouri · 1875
- Kritzer v. SmithSupreme Court of Missouri · 1855
3Cited by4 opinions
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Scott v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Holliday v. ManskerMissouri Court of Appeals · 1891
- Audenreid v. HullMissouri Court of Appeals · 1891