Springfield Lighting Co. v. Hobart
Missouri Court of Appeals
Appeal from Polk Circuit Court.--How.1 Argus Coco, Judge. (1) The liability of the surety depends upon the identity of the contract, and the identity of the contract •depends upon the identity of the. obligee and the time, place, terms and conditions therein named and stated. 'The liability of the surety is always strictly construed, .and any variation of the contract which changes' the ■identity of person, time, place, terms and conditions, without his consent,’ releases…
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Appeal from Polk Circuit Court.--How.1 Argus Coco, Judge. (1) The liability of the surety depends upon the identity of the contract, and the identity of the contract •depends upon the identity of the. obligee and the time, place, terms and conditions therein named and stated. 'The liability of the surety is always strictly construed, .and any variation of the contract which changes' the ■identity of person, time, place, terms and conditions, without his consent,’ releases the surety. Miller v. Stewart, 9 Wheat. 680; McMicken v. Webb, 6 How. (U. S.) 292; Martin v. Thomas, 24 How. (U. S.) 315;…
1Opinion of the CourtSmith, P. J.
It appears from the allegations of the plaintiff’s petition that “The Springfield Electric Lighting Company, ’ ’ the ‘ ‘ Springfield Gras Light Company” and the “Metropolitan Electric Railway Company” were each corporations created and organized under the provisions of article 8, chapter 42, Revised Statutes 1889, and that the first two of them were, on the 30th of June, 1893, under the authority conferred by section 2876 of said article, consolidated and united under the name of the Springfield Lighting Company, the plaintiff. It further appears that sometime prior to the said consolidation,…
2Cases cited27 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Craig v. . ParkisNew York Court of Appeals · 1869
- Thompson v. AbbottSupreme Court of Missouri · 1875
- Beers v. WolfSupreme Court of Missouri · 1893
- Smith v. County of ClarkSupreme Court of Missouri · 1873
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3Cited by16 opinions
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- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
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- W. T. Rawleigh Medical Co. v. BunningNebraska Supreme Court · 1920
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