Irvine v. Karnes
Missouri Court of Appeals
Appeal from the JacJeson Circuit Court. — Hon. Ed. L. Scarritt, Judge.' The defendants seek to escape liability by alleging in their answer that fraud was practiced upon them by Leigh H. Irvine and Prank Blair and by such fraud they were induced to sign the bond and that Louis C. Irvine was a'participant in such fraud and that this plaintiff took an assignment of the bond with full notiqe of the fraud.
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Appeal from the JacJeson Circuit Court. — Hon. Ed. L. Scarritt, Judge.' The defendants seek to escape liability by alleging in their answer that fraud was practiced upon them by Leigh H. Irvine and Prank Blair and by such fraud they were induced to sign the bond and that Louis C. Irvine was a'participant in such fraud and that this plaintiff took an assignment of the bond with full notiqe of the fraud. The defendant’s own evidence and the evidence of Louis C. Irvine completely disprove the allegations of defendant’s answer and leave the defendants without any defense whatever. The language of…
1Opinion of the CourtG-ill, J.
This is an action at law on a bond of indemnity executed by the defendants as sureties for Frank P. Blair and Leigh H. Irvine, whereby the obligors agreed to save Louis O. Irvine harmless from the claim of a tax title to certain real estate then being purchased by said Louis Irvine.
Said Louis O. Irvine conveyed the real estate and assigned the bond to the plaintiff, who is the mother of both said Louis and Leigh Irvine. The plaintiff claims to have been damaged by reason of the tax title against her property and sued the defendant sureties on their bond. The substance of the defense was, that…
2Cases cited3 opinions
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
- Gunby v. RogersMissouri Court of Appeals · 1890
- Christ v. Missouri Pacific RailroadCourt of Appeals of Kansas · 1889
3Cited by4 opinions
- Fronk v. FronkMissouri Court of Appeals · 1911
- Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
- John Schoen Plumbing Co. v. Empire Brewing Co.Missouri Court of Appeals · 1907
- Trimble v. WollmanMissouri Court of Appeals · 1895