Bricker v. Stone
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition does not state a cause of action. The condition of the instrument sued on is that the •principal shall account to the partnership for all moneys used by the partnership in the lumber business, and that is all.
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition does not state a cause of action. The condition of the instrument sued on is that the •principal shall account to the partnership for all moneys used by the partnership in the lumber business, and that is all. The sureties are liable, if at all, only for any money of the firm that R. E. Stone might embezzle or convert to his own use and not account for, and only according to the letter of their contract. Nofsinger v. Hartnett, 84 Mo. 549; Prior v. Kiso, 81 Mo. 241; Brandt on Suretyship and Guaranty, secs. 79,…
1Opinion of the CourtSmith, P. J.
This is a suit by plaintiff against defendants on a bond for $2,000. The bond was given to secure the faithful accounting by defendant Stone to plaintiff for the money used in business of a certain copartnership which had been entered into between plaintiff and said Stone.
I. The appealing defendants, against whom the plaintiff had judgment in the court below, assail the petition on the ground that it does not state a cause of action. The question thus presented is whether the petition states a breach of the conditions of the bond by Stone, the principal therein, for which the other…
2Cases cited6 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Father Matthew Young Men's Total Abstinence & Benevolent Society v. FitzwilliamMissouri Court of Appeals · 1882
- Prior v. KisoSupreme Court of Missouri · 1883
- Clark v. People's Collateral Loan Co.Missouri Court of Appeals · 1891
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3Cited by5 opinions
- Brillion Lumber Co. v. BarnardWisconsin Supreme Court · 1907
- State Ex Rel. Concrete & Steel Construction Co. v. Southern Surety Co.Missouri Court of Appeals · 1927
- Baird v. National Surety Co.North Dakota Supreme Court · 1926
- J. H. Rothman Distilling Co. v. KermisMissouri Court of Appeals · 1899
- Baird v. National Surety Co. of New YorkNorth Dakota Supreme Court · 1926