Manny v. National Surety Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. J. A. McDonald, Judge. (1) Whatever defenses the National Surety Company may have had originally, if any, were waived by the conduct of the company, and the defendants are es-topped from setting up any such defenses at this time. Nolan v. Johns, 108 Mo. 431; Freeman on Judgments, (4 Ed.), sec. 180; James v. Life Association, 148 Mo. 1; Nickell v. Ins.
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Appeal from St. Louis City Circuit Court. — Row. J. A. McDonald, Judge. (1) Whatever defenses the National Surety Company may have had originally, if any, were waived by the conduct of the company, and the defendants are es-topped from setting up any such defenses at this time. Nolan v. Johns, 108 Mo. 431; Freeman on Judgments, (4 Ed.), sec. 180; James v. Life Association, 148 Mo. 1; Nickell v. Ins. Co., 144 Mo. 420; M., K. & T. Trust Co. v. German National Bank, 77 Fed. 117; 23 C. C. A. 65. (2) The points and authorities presented by the, defendant are not applicable to the case at bar. In…
1Opinion of the CourtGoode, J.
— Action on a contractor’s bond, originally brought against the firm of Lyons Bros., the contractors, the National Surety Company of Missouri and the National Surety Company of New York. .We gather from the record that the case was dismissed as to the firm .of Lyons Bros. That firm contracted with the plaintiff Manny to build him a house and gave bond for the faithful performance of the contract with the National Surety Company of Missouri as surety thereon. The bond bound the Lyons Bros, to well and truly perform and fulfill the stipulations and covenants of the contract, keep Manny harmless…
2Cases cited1 opinion
- Thompson v. AbbottSupreme Court of Missouri · 1875
3Cited by5 opinions
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Campbell-Root Lumber Co. v. SmithCourt of Appeals of Texas · 1912
- Scharbauer v. Lampasas CountyCourt of Appeals of Texas · 1919
- State ex rel. First National Bank v. Federal Union Surety Co.Missouri Court of Appeals · 1911
- American Surety Co. of New York v. O'RourkeSuperior Court of Rhode Island · 1924