Hoyt v. Greene
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge, As Mesker Bros.’ suit sought to recover a mechanic’s lien judgment against Hoyt’s property for $16,664, and Hoyt had in his hands but $1,121 due Greene on his contract, and Greene did not offer to defend for Hoyt, Hoyt was compelled to defend, and as Greene’s bond was an indemnity to Hoyt against attorney fees, as well as against liens, etc., the defendants are liable for the fees.
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Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge, As Mesker Bros.’ suit sought to recover a mechanic’s lien judgment against Hoyt’s property for $16,664, and Hoyt had in his hands but $1,121 due Greene on his contract, and Greene did not offer to defend for Hoyt, Hoyt was compelled to defend, and as Greene’s bond was an indemnity to Hoyt against attorney fees, as well as against liens, etc., the defendants are liable for the fees. Hickman v. Craig, 6 Mo. App. 582. Hoyt is not estopped in this case from raising the question whether or not Greene complied with his…
1Opinion of the CourtRome aube, P. J.
The defendant Greene contracted with the plaintiff to erect for him a two-story factory building according t o certain specifications, and'gave bond for the faithful performance of the contract with his co-defendants as *208sureties. The bond was conditioned among other things that Greene would perform the contract and hold the plaintiff harmless and indemnified from and against all and every claim, demand, judgments, liens and mechanic’s liens, costs and fees of every description, incurred in suit or otherwise, that may be had against him or against the buildings to be erected. The contract…
2Cases cited7 opinions
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Landis v. HamiltonSupreme Court of Missouri · 1883
- Wibbing v. PowersSupreme Court of Missouri · 1857
- Wood v. EnselSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Comstock v. KeatingMissouri Court of Appeals · 1905