Donnell Manufacturing Co. v. Repass
Missouri Court of Appeals
Appeal from the Greene Circuit Cowrt. — Hon. James T. Neville, Judge. The refusal of the declaration of law requested by plaintiff was error. The fact that Repass and Earp did not sign the renewal does not, under the facts shown by the evidence and hypothecated in the declaration, relieve defendants from liability. Gay v. Murphy, 134 Mo. 98; Cockrill v. Davis, 35 Pac.
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Appeal from the Greene Circuit Cowrt. — Hon. James T. Neville, Judge. The refusal of the declaration of law requested by plaintiff was error. The fact that Repass and Earp did not sign the renewal does not, under the facts shown by the evidence and hypothecated in the declaration, relieve defendants from liability. Gay v. Murphy, 134 Mo. 98; Cockrill v. Davis, 35 Pac. Rep. 958. Even if Earp had been named as surety in the renewal for 1892 (which he was not), the fact that he did not sign it would not exonerate either Repass or the other sureties, there being no proof by defendants that at the…
1Opinion of the Court
Biggs, J. —
In 1891 the plaintiff employed the defendant Repass as a traveling salesman. To secure plaintiff in the contract Repass executed the following bond or obligation with the defendant D. B. Haeberle and one W. L. Earp as sureties:
“Know all men by these presents, that D. A. Repass and D. B. Haeberle and W. L. Earp, sureties of the - of - county of- and state of-are held and firmly bound to Donnell Manufacturing Company (a corporation), of the city of St. Louis, county of--and state of Missouri, in the sum of one thousand dollars, to be paid to said Donnell Mfg. Co., their executors,…
2Cases cited3 opinions
- United States v. LinnSupreme Court of the United States · 1841
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
3Cited by3 opinions
- State ex rel. Goodman v. Regent Laundry Co.Missouri Court of Appeals · 1916
- Craig v. SpencerSupreme Court of Oklahoma · 1916
- Muehlbach v. Missouri & Kansas Interurban Railway Co.Missouri Court of Appeals · 1912