Stix, Baer & Fuller Dry Goods Co. v. Ottawa Realty Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The court erred in giving the peremptory instruction to find for respondent and to assess its damages in the sum of $12,000 and interest, (a) Because the liability of a surety can never exceed that of his principal, (b) "Where a bond refers to another contract, such contract becomes a part of the bond and the latter must be construed in the light of the provisions of such contract.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The court erred in giving the peremptory instruction to find for respondent and to assess its damages in the sum of $12,000 and interest, (a) Because the liability of a surety can never exceed that of his principal, (b) "Where a bond refers to another contract, such contract becomes a part of the bond and the latter must be construed in the light of the provisions of such contract. Heller v. Daman, 183 Mo. App. 334; Machine Co. v. Winchell, 107 Ind. 260; Jordan v. Cavanaugh, 63 Iowa, 152; Forest v. Leonard, 112 Ala.…
1Opinion of the CourtFaris, J.
This is an action brought by plaintiff against defendants upon a bond of guaranty, wherein upon trial nisi plaintiff had judgment "upon a directed verdict for the full penal sum of the bond. On the trial defendant Ottawa Realty Company made default. Defendant Chicago Bonding & Surety Company, after the conventional motions, appealed.
The facts of the case, except such as we shall find it necessary briefly to refer to in our discussion of the case, clearly and sufficiently appear from the petition, from the bond and contract filed as exhibits thereto, and from the answer filed by defendant…
2Cases cited10 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Jordan v. KavanaughSupreme Court of Iowa · 1884
- Weed Sewing Machine Co. v. WinchelIndiana Supreme Court · 1886
- Kingsland & Ferguson Manufacturing Co. v. St. Louis Malleable Iron Co.Missouri Court of Appeals · 1888
- Harrison Wire Co. v. Hall & Willis Hardware Co.Supreme Court of Missouri · 1888
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3Cited by4 opinions
- J. R. Watkins Co. v. LankfordSupreme Court of Missouri · 1953
- State Ex Rel. Hoyt v. ShainSupreme Court of Missouri · 1936
- State of Missouri v. Mass. Bonding Ins. Co.Missouri Court of Appeals · 1949
- Trautman v. SchroederMissouri Court of Appeals · 1936