Legal Opinion

McCune v. Belt

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 27 opinions

Appeal from Si. Louis Circuit Court. The material facts in the case are sufficiently stated in the ODinion of the court. See also same case, 88 Mo. 281. I. Plaintiff and defendants hold to each other the relation of co-sureties for John J. Anderson & Co., and, therefore, the plaintiff was only entitled to recover of defendants one-half of the amount paid by plaintiff upon the bill sued on. (Bering v. Earl of Winchelsea, 1 White & T. Lead. Cas. Eq. 60 ; 1 Cox, 318 ; Lead.

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Appeal from Si. Louis Circuit Court. The material facts in the case are sufficiently stated in the ODinion of the court. See also same case, 88 Mo. 281. I. Plaintiff and defendants hold to each other the relation of co-sureties for John J. Anderson & Co., and, therefore, the plaintiff was only entitled to recover of defendants one-half of the amount paid by plaintiff upon the bill sued on. (Bering v. Earl of Winchelsea, 1 White & T. Lead. Cas. Eq. 60 ; 1 Cox, 318 ; Lead. Cas. Eq. 60, Am. ed. 1852, pp. 100, 115, note; Craythorne v. Swinburne, 14 Yes. 169; Mayhew v. Crickett, 2 Swanst. 192;…

1Opinion of the CourtBliss, Judge

This cause has once been before this court and is reported, im 38 Mo. 281. A new trial has been had and the case is again here upon exceptions to the ruling of the court. The questions-not heretofore decided are but few, and in order to understand them it is not necessary to recite the numerous instructions given and refused upon the last trial. The defendants drew a bill of exchange upon Anderson & Co. for f5,000 at sixty days, in favor of the plaintiff, which bill was indorsed by him, accepted by the drawee, and discounted at the bank. The drawers and indorser had no interest in the paper,…

2Cases cited2 opinions

  1. McCune v. BeltSupreme Court of Missouri · 1866
  2. Dunn v. WadeSupreme Court of Missouri · 1856

3Cited by27 opinions

  1. State v. HillNebraska Supreme Court · 1896
  2. Henry County v. SalmonSupreme Court of Missouri · 1907
  3. Poulson v. CollierMissouri Court of Appeals · 1885
  4. Beck v. HaasSupreme Court of Missouri · 1892
  5. Kuntz v. TempelSupreme Court of Missouri · 1871

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