70 Mo. App. 117 | Mo. Ct. App. | 1897
The answer was a general denial to which was subjoined these allegations, viz: First, that plaintiff and Brown were partners and on January 25, 1889, jointly borrowed of said Noyes $2,000 for six months, giving therefor their joint note; second, that afterward, when said note fell due, they gave a new note therefor which was the same described in plaintiff’s petition; third, that plaintiff requested defendant to sign said new note as surety for him (plaintiff), representing that he was borrowing the amount thereof for his own use, and that accordingly defendant signed said note as surety for plaintiff; and, fourth, if plaintiff paid off said note he paid off his own debt so far as defendant was concerned, etc. No replication.
There was a trial resulting in judgment for defendant, from which the plaintiff has appealed. The errors assigned relate to the action of the trial court in the giving of instructions for defendant. The court, by appropriate instructions, submitted the caseto the jury upon the theory outlined by the plaintiff’s petition.
The first instruction given for defendant told the jury that if the note referred to in the plaintiff’s petition was signed by defendant on the representations of plaintiff that it was for his accommodation, then the verdict should be for defendant, although the money procured by the note, as between plaintiff and Brown, was used by the latter, and for his exclusive benefit. The second declared that if plaintiff and Brown on January 25, 1889, borrowed of Noyes $2,000, and gave
It seems to us that the instructions fairly submitted to the jury every issue made by the pleadings and evidence and that being so the verdict is conclusive on us. We discover in the record no ground warranting any interference by us with the judgment which must accordingly be affirmed.