Kansas City Hydraulic Press Brick Co. v. National Surety Co.
U.S. Circuit Court for the District of Western Missouri
At Law. On demurrer to answer of defendant, National Surety Company. This was an action on bonds given by a contractor for the paving of certain streets in Kansas City, Kan., to recover about $7,000 for brick furnished by plaintiff and used in the work.
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At Law. On demurrer to answer of defendant, National Surety Company. This was an action on bonds given by a contractor for the paving of certain streets in Kansas City, Kan., to recover about $7,000 for brick furnished by plaintiff and used in the work. The answer demurred to is as follows: The defendant, National Surety Company, for its separate answer to the first cause of action in plaintiff’s petition says: (1) It denies each and every allegation in said petition made or contained, except the execution of the saving contracts and bonds mentioned in the petition. (2) For another and…
1Opinion of the Court
CARDAND, District Judge.
The above cause has been submitted to the court upon the plaintiff’s demurrer to the second, third, and fifth paragraphs of defendant’s answer. The grounds of demurrer are that said paragraph do not allege facts sufficient to constitute any defense to the plaintiff’s cause of action. There was some question at the argument as to whether the demurrer fairly raised the question of the statute of limitations, but the case by agreement of counsel has been submitted to the court on the theory that the demurrer of the plaintiff did raise the question as to whether or not…
2Cases cited7 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Daly v. Multnomah CountyOregon Supreme Court · 1886
- Seaton v. G. C. Hixon & Co.Supreme Court of Kansas · 1886
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Loop Lumber Co. v. Van Loben SelsCalifornia Supreme Court · 1916
- Los Angeles S. Co. v. National S. Co.California Supreme Court · 1918
- Tulsa Rig Reel & Mfg. Co. v. HansellSupreme Court of Oklahoma · 1918
- Bryant v. WhitleyCourt of Appeals of Georgia · 1944
- Phillips Co. v. Constitution Indemnity Co.Court of Appeals for the Seventh Circuit · 1933
1 more not listed; retrieve them via the Exa API.