35 Mo. 427
Decided February 15, 1865
Supreme Court of Missouri · decided 1865-02-15
J. 0. Drake and Thomas Y. Bates executed to the plaintiff their joint and several note, dated Aug. 15, 1856, payable twelve months after date, with ten per cent, interest. Bates was but a security although signing as joint debtor. After the execution of the note Drake died and his estate was administered, but the note was not presented for allowance against his estate within three years.
Cited by 1 later decisions — most recently October 1882
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1865-02-15
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¶1delivered the opinion of the court.
¶2It 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.
¶3Let the judgment be reversed and the cause remanded;