Hurley v. Fidelity & Deposit Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Ho». Geo. F. Long cm, Judge. (1) Plaintiff’s evidence shows conclusively that he broke the condition of the bond by not notifying defendant immediately after the first and all subsequent defaults' of the principal, and defendant’s demurrer to the evidence should' have been sustained. Michigan Savings & Loan Ass’n v. Trust Co., 73 Mo. App. 161; Rice v. Fidelity & Deposit Co.., 103 Fed.
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Appeal from Pettis Circuit Court. — Ho». Geo. F. Long cm, Judge. (1) Plaintiff’s evidence shows conclusively that he broke the condition of the bond by not notifying defendant immediately after the first and all subsequent defaults' of the principal, and defendant’s demurrer to the evidence should' have been sustained. Michigan Savings & Loan Ass’n v. Trust Co., 73 Mo. App. 161; Rice v. Fidelity & Deposit Co.., 103 Fed. Rep. 427-32; Hickock v. Bank, 35 Vt. 476; Jones v. Keer, 30 Ga. 93; Bacon v. Chesney, 1 Stark 192; Cunningham v. Wrenn, 23 Ills. 64; Lynch-v. Colgate, 2 Harris & J. (Md.) 34;…
1Opinion of the CourtBboaddus, J.
This is a suit by plaintiff to recover against the defendant as surety for the Electric Railway, Light and Power Company. On the fifteenth day of August, 1898, the city of Sedalia, Missouri, by ordinance, required the said Electric Bailway, Light and Power Company to pave between and-one foot on-each side of its street car. tracks on Ohio street in said city. On said day plaintiff entered into a contract1 with said last-named company, by which he agreed to do said paving as required by specifications. Upon the completion and acceptance’ of said work by said city, the said company was to pay…
2Cases cited2 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Shine's Administrator v. Central Savings BankSupreme Court of Missouri · 1879
3Cited by3 opinions
- Chicago Crayon Co. v. McNamaraMissouri Court of Appeals · 1909
- Walker v. CharlotMissouri Court of Appeals · 1917
- A. Sitron & Co. v. FriedbergMissouri Court of Appeals · 1917