Cain v. Bates

Supreme Court of Missouri

Cain v. Bates

35 Mo. 427

CourtSupreme Court of Missouri

DecidedFebruary 15, 1865

StatusPublished

Cited by1 cases

This text of 35 Mo. 427 (Cain v. Bates) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cain v. Bates, 35 Mo. 427 (Mo. 1865).

Pincite

Opinion

Bay, Judge,

delivered the opinion of the court.

It is not perceived upon what ground the court below gave judgment for the defendant, for the record certainly presents no valid defence. Admitting that Bates was merely surety in the note, still he could only protect himself by giving the statutory notice to sue, and a-failure to sue within the time prescribed would have exonerated him from all liability.

Let the judgment be reversed and the cause remanded;

Judge Dry den concurring.

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Bay, Judge,

delivered the opinion of the court.

It is not perceived upon what ground the court below gave judgment for the defendant, for the record certainly presents no valid defence. Admitting that Bates was merely surety in the note, still he could only protect himself by giving the statutory notice to sue, and a-failure to sue within the time prescribed would have exonerated him from all liability.

Let the judgment be reversed and the cause remanded;

Judge Dry den concurring.

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Bluebook (online)

35 Mo. 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cain-v-bates-mo-1865.

Opinion

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