Lakenan v. North Missouri Trust Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Plaintiff lost the value of $1493'. 02 as security by the negligence or design of defendants North Missouri Trust Company and J. C. Mundy and as surety on the note involved in' this suit is dicharged to that extent from liability thereon.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Plaintiff lost the value of $1493'. 02 as security by the negligence or design of defendants North Missouri Trust Company and J. C. Mundy and as surety on the note involved in' this suit is dicharged to that extent from liability thereon. Murrell v. Scott, 51 Tex. 520; Bank v. Bartle, 114 Mo. 276; Bank v. Kilpatrick, 204 Mo. 119; Taylor v. Jeter, 28 Mo. 244; 1 Brandt on Securityship and Guaranty (3 Ed.), p. 934, sec. 498. (2) If the creditor has the means of satisfaction from the property of the principal in his power and…
1Opinion of the CourtGoode, J.
On July 2, 1904, defendant James H. Wilkins made and delivered to defendant James 0. Mundy a promissory note for $3928, due ninety days after date, drawing interest at tbe rate of eight per cent per annum, and signed by said Wilkins as principal and by plaintiff, Lakenan, as surety. The latter put the word “security” after his name to show the capacity in which he signed. James 0. Mundy, the payee of the note, was at the time an officer of the North Missouri Trust Company, the trust company was the real party in interest in the transaction and Mundy at once transferred to it the note, which…
2Cases cited12 opinions
- Roan v. WinnSupreme Court of Missouri · 1887
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Rhodes v. OutcaltSupreme Court of Missouri · 1871
- Drey v. DoyleSupreme Court of Missouri · 1889
- State Bank v. BartleSupreme Court of Missouri · 1893
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3Cited by5 opinions
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Long v. MasonSupreme Court of Missouri · 1918
- Hatcher v. HallMissouri Court of Appeals · 1956
- Long v. ShaferMissouri Court of Appeals · 1914
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917