Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. Youmans
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Row. John G. Park, Judge. (1) Tte contract of the appellant United States-. Fidelity & Guaranty Company sued on herein is a contract of guaranty. 14 Am. and Eng. Ency.
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Appeal from Jackson Circuit Court. — Row. John G. Park, Judge. (1) Tte contract of the appellant United States-. Fidelity & Guaranty Company sued on herein is a contract of guaranty. 14 Am. and Eng. Ency. Law (2' Ed.), 1128, 1130; 20 Cycl. of Law & Prac., 1397; Bank v. Libbey, 101 Wis. 193. (2) The contract, being one-of guaranty, is to be construed so as to give effect to-the intention of the parties as it is to be gathered from the instrument, and so strictly as not to extend the-meaning of the terms used in the guaranty, or to amplify such meaning, so as to increase the extent of…
1Per curiam
This cause having been transferred to the Court in Banc and having been re-argued, the following opinion of Judge Graves, in Division No. One, is adopted as the opinion of the Court in Banc.
Gantt, G. J., Burgess, Fox and Woodson, JJ., concurring therein; Lamm, J., concurs in separate opinion; Valliant, J., dissents. GRAVES, J.
Action by relators and intervening petitioners in the name of Kansas City on a contract entered into for the construction of a sewer in said city.
*158By ordinance No. 19459, the city of Kansas City provided for the building of a sewer in Sewer District No. 218 of said city.…
2Cases cited15 opinions
- Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
- Basshor v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1886
- Giant-Powder Co. v. Oregon Pac. Ry. Co.District Court, D. Oregon · 1890
- Mathews v. PhelpsMichigan Supreme Court · 1886
- Simmons, Garth & Co. v. CarrierSupreme Court of Missouri · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- United States Fidelity & Guaranty Co. v. California-Arizona Construction Co.Arizona Supreme Court · 1920
- Fitzgerald v. NealOregon Supreme Court · 1924
- Standard Boiler Works v. National Surety Co.Washington Supreme Court · 1912
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
43 more not listed; retrieve them via the Exa API.