Delmar Investment Co. v. Lewis
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The bond sued on was one of indemnity and as there was no evidence of the payment of any money by respondents or that they were damaged, they could at ‘most, recover only nominal damages. Walker v. Deaver, 79 Mo. 664; Hunt v. Marsh, 80 Mo. 396; Kellog v. Malin, 62. Mo. 433; Burén v. Hubbel, 54 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The bond sued on was one of indemnity and as there was no evidence of the payment of any money by respondents or that they were damaged, they could at ‘most, recover only nominal damages. Walker v. Deaver, 79 Mo. 664; Hunt v. Marsh, 80 Mo. 396; Kellog v. Malin, 62. Mo. 433; Burén v. Hubbel, 54 Mo. App. 617; Bartlet v. Tinsly, 175 Mo. 329. (2) The court erred in holding that the tax bills in question were prima-facie evidence of the regularity of the proceedings for such special assessments and the validity of the…
1Opinion of the CourtReynolds, P. J.
This is an action on a bond given to plaintiffs by Edward Gr. Lewis, as principal, and James P. Coyle, as surety. The conditions of the bond, so far as here relevant, are that the makers ■“shall hold the said Delmar Investment Company, Southern Real Estate and Financial Company and Charles J. Celia and their property'located on the north side of Delmar Boulevard within the limits of the city •of University City harmless against, and shall pay as and when payable according to law all of the special taxes that may be levied by the city of University City, Missouri, against the property…
2Cases cited6 opinions
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Haag v. WardSupreme Court of Missouri · 1905
- Fruin v. MeredithMissouri Court of Appeals · 1909
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3Cited by4 opinions
- Wheeler v. City of MuskogeeSupreme Court of Oklahoma · 1915
- Delmar Investment Co. v. LewisSupreme Court of Missouri · 1917
- Gratz v. City of KirkwoodMissouri Court of Appeals · 1914
- Phoenix Brick & Construction Co. v. Gentry CountySupreme Court of Missouri · 1914