Erath & Flynn v. R. K. Allen & Son
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Heney M. Ramey, Judge. (1) Sureties are the favorites of the law. Their obligations are to be strictly construed, and their liabilities are not to be extended by implication. The City of Ilarrisonville v. Porter, 76 Mo. 358; Blair v. Ins. Co. 10 Mo. 566. (2) Only laborers and mechanics were protected by the bond in evidence. Plaintiffs were' subcontractors, and not laborers or mechanics.
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Appeal from the Buchanan Circuit Court. — Hon. Heney M. Ramey, Judge. (1) Sureties are the favorites of the law. Their obligations are to be strictly construed, and their liabilities are not to be extended by implication. The City of Ilarrisonville v. Porter, 76 Mo. 358; Blair v. Ins. Co. 10 Mo. 566. (2) Only laborers and mechanics were protected by the bond in evidence. Plaintiffs were' subcontractors, and not laborers or mechanics. The provisions of the bond do not extend to them. Groves v. Railroad, 57 Mo. 304; Avery v. Ionia County, 39 N. W. Rep. 742; Duncan v. Bateman, 23 Ark. 327;…
1Opinion of the CourtSmith, P. J.
This is an action to recover a penalty in a bond. It seems from the record before us that R. K. Allen & Son entered into a written contract with the board of county commissioners of the county of Jefferson, in the state of Nebraska, to do all the work and furnish all the material for the proper construction and completion of a court house and jail building for said county, in accordance with the plans, elevation, sections and detail drawings, and in the manner specified in'the specifications, for which the commissioners were to pay Allen & Son $54,800, etc.
The statute of the state of…
2Cases cited15 opinions
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Colter v. FreseIndiana Supreme Court · 1873
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- New York & Harlem Railroad v. KipNew York Court of Appeals · 1871
- Avery v. Board of SupervisorsMichigan Supreme Court · 1888
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3Cited by5 opinions
- Stricker v. Industrial CommissionUtah Supreme Court · 1920
- Texas Fidelity & Bonding Co. v. Rosenberg Independent School Dist.Court of Appeals of Texas · 1917
- J. H. Rothman Distilling Co. v. KermisMissouri Court of Appeals · 1899
- Missouri State Highway Commission Ex Rel. Licking State Bank v. Coopers Construction Co.Missouri Court of Appeals · 1926
- Kansas City ex rel. Mullins v. McDonaldMissouri Court of Appeals · 1899