Massachusetts Bonding & Investment Co. v. Simonds-Shields-Lonsdale Grain Co.

Plaintiff, a Massachusetts corporation, authorized in Missouri to execute bonds as a surety for hire, brought this action in May, 1928, seeking to be discharged from liability arising thereafter as surety for defendant on a bond of $25,000 executed by defendant to the State of Missouri as a public warehouseman. The • trial court rendered judgment for defendant, whereupon plaintiff appealed. . : '

Defendant was and is' the lessee and operator of a warehouse and grain elevator in Kansas City, known, as the “Milwaukee Elevator” which it conducts as a public warehouse and elevator for the storage…