Bauer v. Cabanne
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) A judgment is an entirety. Ins. Co. v. Clover, 36 Mo. 392. (2) The judgment in the unlawful detainer case is not binding on the sureties in this case.
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Appeal from St. Louis City Circuit Court. (1) A judgment is an entirety. Ins. Co. v. Clover, 36 Mo. 392. (2) The judgment in the unlawful detainer case is not binding on the sureties in this case. Gunn v. Sinclair, 52 Mo. 327; Howell v. Camp, 60 Mo. 569. (3) The defendants in this case being the sureties on the appeal bond in the unlawful detainer case, and not being parties to that suit, are not bound by the judgment in that case as to the amount of the value of the monthly rents and profits. Dugge v. Stumpe, 73 Mo. 513 ; Hulett v. Nugent, 71 Mo. 131. (4) The appeal from the justice to the…
1Opinion of the CourtGantt, P. J.
This is an action on the following bond:
“Know all men by these presents, that we, Sarpy C. Cabanne as principal, and Virginia E. Cabanne and --as sureties, are held and firmly bound unto C. Bauer, plaintiff herein, in the sum of forty-five hundred dollars ($4,500), for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals and dated at St. Louis, this eighth day of November, A. D. 1880.
“The condition of the above obligation is such, that whereas Sarpy C. Cabanne has…
2Cases cited3 opinions
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Wood v. . FiskNew York Court of Appeals · 1875
- Davis v. . Van BurenNew York Court of Appeals · 1878
3Cited by21 opinions
- Zellars v. National Surety Co.Supreme Court of Missouri · 1908
- Schuster v. WeissSupreme Court of Missouri · 1893
- Tittman v. GreenSupreme Court of Missouri · 1891
- Oberbeck v. MayerMissouri Court of Appeals · 1894
- Reissaus v. WhitesMissouri Court of Appeals · 1907
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