Nowell v. Mode
Missouri Court of Appeals
Appeal from Boone Circuit Court.— Hon. Samuel G. Davis, Special Judge. (1) It is an elementary rule of pleading that in an action on a bond a breach of the condition must be assigned, for without a breach there is no cause of action. Barret y. Fletcher, Cro. Jac. 220; Holman y. Criswell, 13 Tex. 38; Moxley y. Moxley, 2 Met.
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Appeal from Boone Circuit Court.— Hon. Samuel G. Davis, Special Judge. (1) It is an elementary rule of pleading that in an action on a bond a breach of the condition must be assigned, for without a breach there is no cause of action. Barret y. Fletcher, Cro. Jac. 220; Holman y. Criswell, 13 Tex. 38; Moxley y. Moxley, 2 Met. (Ky.) 309; Schuyler v. Chittenden, 47 Mo. 65. (2) It is equally elementary that the breach must be assigned in the words of the covenant, or in words which are coextensive with the import and effect of it — that is, the defendant must be charged with some act or omission…
1Opinion of the CourtJohnson, J.
Defendant Mode contracted to erect a building on premises owned by plaintiff in. the city of Columbia for the price of $12,850, and executed and delivered to plaintiff a bond in the penal sum of $5,000 for the performauce of the contract. This action was brought on the bond by the obligee against Mode, the principal obligor, and the Title Guaranty and Trust Company of Scranton, Pennsylvania, surety, to recover damages alleged to have been sustained by plaintiff in consequence of certain breaches of the obligation. Verdict and judgment were for plaintiff in the sum of $1,000, and defendants…
2Cases cited19 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- State v. SansoneSupreme Court of Missouri · 1893
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Wead v. GraySupreme Court of Missouri · 1883
- Malone v. Fidelity & Casualty Co.Missouri Court of Appeals · 1897
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3Cited by13 opinions
- Commercial Nat. Bank of Kansas City, Kan. v. WhiteSupreme Court of Missouri · 1953
- Hann v. Venetian Blind CorporationDistrict Court, S.D. California · 1936
- French Republic v. Inland Nav. Co.District Court, E.D. Missouri · 1920
- United Iron Works v. Twin City Ice & Creamery Co.Supreme Court of Missouri · 1927
- Lindsey v. NagelMissouri Court of Appeals · 1911
8 more not listed; retrieve them via the Exa API.