Long v. Mason
Supreme Court of Missouri
Appeal from Texas Circuit Court. — lion. L. B. Wood-side, Judge. (1) Plaintiff was a holder for value of the note (Sec. 9998, R. S. 1909), and the defendants having signed the same as makers were primarily liable thereon (See. 10161, R. S. 1909), and their engagement to pay it according to its tenor was absolute (Secs. 10161 and 10030, R. S. Í909). McCarty v. Smith, 97 Pac.
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Appeal from Texas Circuit Court. — lion. L. B. Wood-side, Judge. (1) Plaintiff was a holder for value of the note (Sec. 9998, R. S. 1909), and the defendants having signed the same as makers were primarily liable thereon (See. 10161, R. S. 1909), and their engagement to pay it according to its tenor was absolute (Secs. 10161 and 10030, R. S. Í909). McCarty v. Smith, 97 Pac. (Utah) 329; Vanderford v. Bank, 105 Md. 164, 10 L. R. A. 129, 66 Atl. 47; West v. Stubblefield, 17 App. Cases, (D. C), 283; Trust Co. v. McGinty, 212 Mass. 205. (2) Parol evidence was inadmissible to show that the…
1Opinion of the Court
RAILEY, C.
The case was certified to this court by the Springfield Court of Appeals, in an opinion by Judge Farrington, concurred in by Robertson, P. J. Judge Sturgis dissented, in a separate opinion. The cause was certified upon the ground that the majority opinion is in conflict with Bank of Senath v. Douglass, 178 Mo. App. 664 (by St. Louis Court of Appeals), and Lane v. Hyder, 163 Mo. App. 688 (by Kansas City Court of Appeals).
Petition The complaint alleges, that on March 25, 1910, defendants, by their joint and several promissory note, a copy of which is filed with petition, promised for…
Also in this document: Concurrence.
2Cases cited17 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Burrus v. CookSupreme Court of Missouri · 1908
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- State Bank v. BartleSupreme Court of Missouri · 1893
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Marlow v. Nafziger Baking Co.Supreme Court of Missouri · 1933
- American National Bank v. KerleyOregon Supreme Court · 1923
- Dalton & Marberry, P.C. v. Nationsbank, N.A.Supreme Court of Missouri · 1998
- Merchants' National Bank v. SmithMontana Supreme Court · 1921
- Staples v. O'REILLYMissouri Court of Appeals · 1956
14 more not listed; retrieve them via the Exa API.