Home Savings-Bank v. Traube
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Where a motion for rehearing has been filed after exceptions to the referee’s report have been overruled, an appeal will not lie until the motion is disposed of. — Oily v. Brown, 4 Otto, 415; 3 Otto, 412. Plaintiff cannot by his proof make out a different cause of action from that set out in his petition. — Merle v. Hascall, 10 Mo. 406 ; Murphy v. Wilson, 44 Mo. 313; Jones v. Louderpian, 39 Mo. 287. The risks imposed by plaintiff upon the…
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Appeal from St. Louis Circuit Court. Where a motion for rehearing has been filed after exceptions to the referee’s report have been overruled, an appeal will not lie until the motion is disposed of. — Oily v. Brown, 4 Otto, 415; 3 Otto, 412. Plaintiff cannot by his proof make out a different cause of action from that set out in his petition. — Merle v. Hascall, 10 Mo. 406 ; Murphy v. Wilson, 44 Mo. 313; Jones v. Louderpian, 39 Mo. 287. The risks imposed by plaintiff upon the sureties without their knowledge or consent, and beyond the scope of the ordinary employments of a book-keeper, so…
1Opinion of the CourtBakewell, J.
This action is upon a bond given by one Bodel as principal and the defendants as sureties, dated May 30, 1867. The penalty of the bond is $5,000, and it is conditioned that, whereas Bodel has been by the board of directors of the Home Savings-Bank of St. Louis appointed bookkeeper of said bank, and whereas said Bodel may from time to time by the said board of directors be continued and reappointed book-keeper of said bank, “ now, if the said Emil Gr. Bodel shall well and truly and faithfully perform the duties of book-keeper of said bank for and during all the time he shall hold such office…
2Cases cited3 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Rochester City Bank v. . ElwoodNew York Court of Appeals · 1860
- Vansands v. Middlesex County BankSupreme Court of Connecticut · 1857
3Cited by2 opinions
- State ex rel. Mulvihill v. KumpffMissouri Court of Appeals · 1895
- Issaquah Coal Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1903