19 Mo. 646 | Mo. | 1854
delivered the opinion of the court.
This case presents the question whether, under our statute concerning securities, one indorser of a negotiable note against ■whom the holder has obtained judgment, can, after payment of the judgment, recover against his co-indorser on motion merely, and notice thereof, for the amount so paid, with ten per cent, interest.
The plaintiff below relies upon the ninth section of the above statute, (R. O. 1845, p. 1000,) which is as follows :
The 10th section requires this motion to be made within one year from the rendition of the original judgment, and requires ten days’ previous notice to he given in writing.
In the opinion of this court, the statute does not embrace the case of payment by one indorser so as to authorize him to obtain judgment against his co-indorser on a negotiable note, on motion. This case is fully within the principles decided by this court, at the last October term, in the case of Clark v. Barrett, and to the opinion therein given reference is had.
The judgment below must, therefore, be reversed,