American Bonding Co. v. Dickey
Supreme Court of Kansas
Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. C. H. Sumption contracted with the city of Wichita to furnish the necessary labor and material and construct a sewer in that city. The contractor was required to give a bond to secure laborers and material-men, as prescribed by sections 5130 and 5131 of the General Statutes of 1901. The plaintiff in error became such security.
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Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. C. H. Sumption contracted with the city of Wichita to furnish the necessary labor and material and construct a sewer in that city. The contractor was required to give a bond to secure laborers and material-men, as prescribed by sections 5130 and 5131 of the General Statutes of 1901. The plaintiff in error became such security. The defendant in error furnished the sewer-pipe used, and, the contractor failing to pay therefor, suit was brought upon the bond. Judgment was entered in the district court in favor of the…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The principal question discussed by the plaintiff in error, and the point upon which several of the errors assigned depend, is the legal effect of filing the amended petition. It is claimed that striking the words “Clay Manufacturing Company” from the title of the case caused a substitution of one plaintiff for another, one being a corporation and the other an individual; and that by,this substitution the amended petition presents ,a cause of action against the plaintiff in error different from that stated in the original petition, because…
2Cases cited4 opinions
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1902
- Annie Service v. Farmington Savings BankSupreme Court of Kansas · 1900
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
- Hucklebridge v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
3Cited by6 opinions
- Russell v. American Rock Crusher Co.Supreme Court of Kansas · 1957
- De Merritt v. WeldonCalifornia Supreme Court · 1908
- N. A. Kennedy Butter Tub Co. v. First & Hamilton National Bank of Fort WayneSupreme Court of Kansas · 1924
- National Surety Co. v. Wyandotte Coal & Lime Co.Supreme Court of Kansas · 1907
- Hardy v. WoodsSouth Dakota Supreme Court · 1914
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