Wilson v. Massachusetts Bonding & Insurance

ON MOTION FOR A REHEARING.

Plaintiff, on motion for a rehearing, complains that we have overlooked State ex rel. Stevenson v. American Surety Co. (Mo. App.), 74 S.W.2d 1094, and Veale v. Bourne, 224 Mo. App. 614,30 S.W.2d 793, which she contends support her construction of Section 1449, Revised Statutes Missouri 1939, Missouri Revised Statutes Annotated, that is, that the section contemplates that suit on an attachment bond must be brought against both the surety and the principal so that the principal may avail himself of any setoff or counterclaim he may have against the party to whose use…