Smith ex rel. McElhany v. Rogers
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Defendants were liable upon their indemnity bond, under section 423, Revised Statutes 1899. Kessler v. Gold Spring Distilling Co., 72 Mo. App. 573; Flint ex rel. v. Young; 70 Mo. 221; Palmer v. Shenkel, 50' Mo. App. 571; Rebmon v. Durant, 53 Mo. App. 493; Cabinet v. White, 48 Mo. App. 404; Rivercomb v. Durket, 74 Mo. App. 570. And appellant had no other remedy.
Read the full summary
Transferred from St. Louis Court of Appeals. (1) Defendants were liable upon their indemnity bond, under section 423, Revised Statutes 1899. Kessler v. Gold Spring Distilling Co., 72 Mo. App. 573; Flint ex rel. v. Young; 70 Mo. 221; Palmer v. Shenkel, 50' Mo. App. 571; Rebmon v. Durant, 53 Mo. App. 493; Cabinet v. White, 48 Mo. App. 404; Rivercomb v. Durket, 74 Mo. App. 570. And appellant had no other remedy. (2) Even if this action were not authorized under the above section, defendants would be1 liable at common law upon the indemnity bond for damages to plaintiff, because the bond was…
1Opinion of the CourtMarshall, J.
This is a suit upon an indemnifying bond, executed by the defendants to the plaintiff Smith, to hold him harmless on account of the levy of a special execution in an attachment proceeding, lately pending in Newton county, Missouri, wherein the defendant Rogers was the plaintiff, and one James Lewis was the defendant. After the levy, one Benjamin Eiseman claimed to own. the property, and the defendant Rogers as principal, and the defendant Rush as surety, executed the indemnifying bond to the plaintiff Smith, the constable who made the levy. Afterwards Eiseman assigned his claim to the…
2Cases cited5 opinions
- State ex rel. McKown v. WilliamsSupreme Court of Missouri · 1883
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- Hundley v. FilbertSupreme Court of Missouri · 1880
- Joseph Schnaider Brewing Co. v. NiederweiserMissouri Court of Appeals · 1887
- Smith ex rel. McElhaney v. RogersMissouri Court of Appeals · 1903
3Cited by3 opinions
- State Ex Rel. Kenney v. JohnsonMissouri Court of Appeals · 1934
- Amarillo Nat. Bank. v. SanbornCourt of Appeals of Texas · 1914
- Good ex rel. McBrien v. SleethMissouri Court of Appeals · 1913