Schuster v. Weiss
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou/rt.—Hon. Daniel Dillon, Judge. (1) The bond sued on having been executed May 31, 1884, and the ejectment suit in which it was given having been without appellants’ consent transferred by this court to the supreme court of Missouri, as required by legislative act of this state dated March 4, 1885, and which was not in existence and did not become a law for almost a year after the bond was signed, and could not have been contemplated by…
Read the full summary
Appeal from St. Louis City Circuit Cou/rt.—Hon. Daniel Dillon, Judge. (1) The bond sued on having been executed May 31, 1884, and the ejectment suit in which it was given having been without appellants’ consent transferred by this court to the supreme court of Missouri, as required by legislative act of this state dated March 4, 1885, and which was not in existence and did not become a law for almost a year after the bond was signed, and could not have been contemplated by appellants at the time they entered into the obligation, was such a material variance of the terms and conditions of the…
1Opinion of the CourtG-antt, J.
This is an action on the following bond: “Know all men by these presents that we, Joseph Schuster, as principal, and Henry Petersen, Christian Woltjen, Joseph Weiss and Christian Jansen as sureties, are held and firmly bound unto Augusta Schuster in the sum of $500, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and.administrators, jointly and severally by these presents. Sealed with our seals and dated at St. Louis, this thirty-first day of May, 1884.
*162“The condition of the above obligation is such that whereas, the said Joseph Schuster has…
2Cases cited19 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- Ogden v. SaundersSupreme Court of the United States · 1827
- Green v. BiddleSupreme Court of the United States · 1823
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Gunn v. BarrySupreme Court of the United States · 1873
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mexican National Railway Co. v. MussetteTexas Supreme Court · 1894
- Zellars v. National Surety Co.Supreme Court of Missouri · 1908
- Highland Investment Co. v. Kansas City Computing Scales Co.Supreme Court of Missouri · 1919
- American Brewing Co. v. TalbotSupreme Court of Missouri · 1894
- Oppegaard v. Board of County CommissionersSupreme Court of Minnesota · 1910
11 more not listed; retrieve them via the Exa API.