Missouri, Kansas & Texas Railway Co. v. American Surety Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. Hon. J. Hugo Grimm, Judg’e. (1) Plaintiff amended petition, on which the case was tried, failed to state facts sufficient to constitute a cause of action against defendant; and the trial court therefore erred in overruling defendant’s demurrer to the petition, and in refusing to give defendant’s instructions at the close of plaintiff’s evidence to the effect that under the pleadings and evidence plaintiff was not entitled to recover.
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Appeal from St. Louis City Circuit Court. Hon. J. Hugo Grimm, Judg’e. (1) Plaintiff amended petition, on which the case was tried, failed to state facts sufficient to constitute a cause of action against defendant; and the trial court therefore erred in overruling defendant’s demurrer to the petition, and in refusing to give defendant’s instructions at the close of plaintiff’s evidence to the effect that under the pleadings and evidence plaintiff was not entitled to recover. Watson Coal Co. v. James, 72 Iowa, 184; Tibbetts v. Moore, 23 Cal. 208'; Sylvestri v. Mis-socci, 165 ¡Mass. 337; Sec.…
1DissentHigbee, J.
This suit was instituted in the Circuit Court of the City of St.. Louis, returnable to the February term, 1915, on an indemnity bond executed, April 17,1899, by Graham & Miller as principals and by appellant as surety, to respondent as obligee, called therein Railway Company, in the penal sum of $10,000. Said bond recites:
“The obligation of this bond is such that,
Whereas, The said Graham & Miller are general railroad tie contractors, engaged in the business of furnishing to railway companies erossties, switch ties and lumber, in the State of Missouri; and,
“Whereas, The said Graham So Miller…
2Cases cited14 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Beers v. WolfSupreme Court of Missouri · 1893
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1912
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