Miller v. Mellier
| Decision Date | 31 March 1875 |
| Citation | 59 Mo. 388 |
| Parties | GEORGE C. MILLER, Respondent, v. A. A. MELLIER, Appellant. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court.
M. Kinealy, for Appellant
Bakewell, with Farish & Mead, for Respondent.
Action on a negotiable promissory note by plaintiff, the indorsee. The suit was defended on the ground that the defendant was a mere accommodation indorser, and that plaintiff, by forbearing to sue the maker, had discharged the indorser. Neither position is a tenable one. The doctrine is well settled that an indorser, after his liability is once fixed, will not be released by forbearance in bringing suit against any of the parties liable (Clark vs. Barret, 19 Mo., 39). Nor does it avail as a defense (except as between the indorser and the person to whom he grants the use of his name) that no consideration is received for lending his credit, nor that such fact is known to him by whom the paper is discounted. It is sufficient to support the contract of indorsement that the accommodation party has lent his credit, and upon the faith of that the money has been loaned or the discount effected. (1 Pars. Bills & Notes, pp. 183-4; Smith vs. Knox, 3 Esp., 46; Brown vs. Mott, 7 Johns., 361; Grant vs. Ellicott, 7 Wend., 227.)
There is not the slightest merit in this appeal, and the judgment is accordingly affirmed, with ten per cent. damages; all the judges concur.
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... ... 192; ... Converse v. Cook, 25 Hun 44; Gibson v ... Parlin, 13 Neb. 292, 13 N.W. 405; Clark v ... Barrett, 19 Mo. 39; Miller v. Mellier, 59 Mo ... 388. But this was not the rule in North Dakota prior to the ... adoption of the Uniform Negotiable Instruments Act. See ... ...
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...(9) Indeed he cannot be regarded as an accommodation indorser for the further reason that the note is no longer in first hands. Miller v. Mellier, 59 Mo. 388; Faulkner Faulkner, 73 Mo. 327; 1 Daniel on Negotiable Instruments, sec. 189. II. The next point for consideration is whether error o......
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...was given, it being discounted by plaintiff on the faith of defendant's endorsement before delivery, is of itself no defense. Miller v. Mellier, 59 Mo. 388; v. Sloan, 158 Mo. 411. (7) By the Act of April 18, 1891, the defendant was invested with the power to execute the note sued on as it w......
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...becomes fixed, no indulgence or delay in suit will affect his liability. Clark v. Barrett, 19 Mo. 40; Right v. Dyer, 48 Mo. 525; Miller v. Mellier, 59 Mo. 388; Koenig v. Bromlett, 20 Mo.App. 639; Hammett Trueworthy, 51 Mo.App. 285. Burgess, J. Gantt, P. J., and Sherwood, J., concur. OPINION......