Winfrey v. Strother
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — John M. Cleary, Special Judge. (1) Tbe statute rendering invalid a mortgage or pledge of personal property does not apply to collateral notes executed by tbe makers of tbe original notes even though additional names are on such new notes as sureties. Such collateral note is in no sense a pledge or mortgage. It is simply a collateral obligation of the principal maker with the same or other sureties. This statute must be strictly construed.
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Appeal from Jackson Circuit Court. — John M. Cleary, Special Judge. (1) Tbe statute rendering invalid a mortgage or pledge of personal property does not apply to collateral notes executed by tbe makers of tbe original notes even though additional names are on such new notes as sureties. Such collateral note is in no sense a pledge or mortgage. It is simply a collateral obligation of the principal maker with the same or other sureties. This statute must be strictly construed. R. S. 1899, sec. 3710; Tenent v. Insurance Co., 133 Mo. App. 345; Williams v. Rorer, 7 Mo. 556; Yan Idour y. Nelson, 60…
1Opinion of the CourtEllison, J.
This action is on a promissory note for five thousand dollars. The judgment in the trial court was for the plaintiff.
There are several points presented in this case which were determined in the case of Bowman v. Strother, decided at this term. We need do no more than refer to that case for a statement of our conclusions.
But defendants have presented in this case a branch of defense which was not in the other, as will appear by the following: On August 4, 1904, defendants, Ben S., Nellie M. and Sam B. Strother, gave their joint note to plaintiff for $5445.29, due on the 28th of that month,…
2Cases cited2 opinions
- In re Waddell-Entz Co.Supreme Court of Connecticut · 1896
- Keim v. VetteSupreme Court of Missouri · 1902
3Cited by6 opinions
- Central Nat. Bank v. Latham & Co.Court of Appeals of Texas · 1929
- Amick v. Empire Trust Co.Supreme Court of Missouri · 1927
- Bahl v. MilesMissouri Court of Appeals · 1928
- Central Missouri Trust Co. v. SmithMissouri Court of Appeals · 1923
- National Fire Insurance v. MaddoxMissouri Court of Appeals · 1929
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