Hosea v. Rowley
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The facts in this case bring it fully within the rule which exonerates sureties. (Rucker vs. Robinson, 38 Mo., 158; Smarr vs. Schnitter, 38 Mo., 481.) I. Mere forbearance, given to the maker of a note, will not .release the surety from his liability.
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Appeal from Buchanan Circuit Court. I. The facts in this case bring it fully within the rule which exonerates sureties. (Rucker vs. Robinson, 38 Mo., 158; Smarr vs. Schnitter, 38 Mo., 481.) I. Mere forbearance, given to the maker of a note, will not .release the surety from his liability. To discharge the surety it is necessary that the creditor should have made some valid agreement with the principal debtor, by which the creditor’s right to enforce his contract is suspended, and his hands tied for a definite period. (Reynolds vs. Wait, 5 Wend., 501.) Such an agreement must have a valid…
1Opinion of the CourtNaptom, Judge
This was a suit on a note for $2,000, due in four mouths, which was executed by Rowley and Nave, and was due April 22, 1871. Rowley was principal and Nave surety, though the note did not on its face show this. When the note fell due, the principal debtor, Rowley, paid on it $400 and interest in advance, at the rate of 12 per cent, for four months; and this was repeated at the end of another four months. *358Receipts on tbe note were entered for these amounts. The understanding was, that the principal debtor should have four months longer; but there is no written instrument to that effect, nor any…
2Cases cited7 opinions
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- Atwood v. LewisSupreme Court of Missouri · 1840
- Bircher v. PayneSupreme Court of Missouri · 1842
- Bridge v. TiermanSupreme Court of Missouri · 1865
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3Cited by17 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Hall v. E. W. Wells & SonCalifornia Court of Appeal · 1914
- Baade v. CramerSupreme Court of Missouri · 1919
- Cape Charles Bank, Inc. v. Farmers Mutual Exchange, Inc.Supreme Court of Virginia · 1917
- First National Bank v. LeavittSupreme Court of Missouri · 1877
12 more not listed; retrieve them via the Exa API.