33 Mo. 575
Decided March 15, 1863
Supreme Court of Missouri · decided 1863-03-15
Louis Circuit Court. The answer of Maddock alleged that the note “ was given for a precedent debt due from the said defendant Elliott to the payees in said note named, and no consideration was paid to, or received by, this defendant for the execution of said note, and the same was and is void as to this defendant.” The answer further alleged that the defendant “ executed said note described in said petition upon the suggestion and at the request of Mr. Moore, one of the…
Decided 1863-03-15
¶1delivered the opinion of the court.
¶2Suit by payees of a promissory note against the maker. Defence that the note was made by the defendant at the plaintiffs’ request, and without any consideration. At the trial these facts were admitted by the plaintiffs, and judgment was given for the defendant, as it should have been. The admission excludes the idea that he signed it as surety.
¶3Judgment affirmed ;