Callaway v. Title, Guaranty & Trust Co.
Missouri Court of Appeals
Appeal'from Vernon Circuit Court. — No». B. G. Thurman, Judge. (1) The petition does not state a cause of action, because tbe bond sued on and set out in haec verba does not purport to cover commissions of tbe administrator.
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Appeal'from Vernon Circuit Court. — No». B. G. Thurman, Judge. (1) The petition does not state a cause of action, because tbe bond sued on and set out in haec verba does not purport to cover commissions of tbe administrator. Lloyd v. Eowe, 20 N. J. Law 680; Long v. Howell, 21 N. Y. Supp. 102. (2) Evidence of tbe conduct of the parties is competent as an aid in tbe interpretation of a contract in case of doubt, as well as evidence of all tbe facts and circumstances surrounding tbe transaction, therefore tbe court erred in striking out all of defendant’s evidence. Arnoldia v. Childs, 70 Mo.…
1Opinion of the CourtEllison, J.
This action was brought by plaintiff on a bond of indemnity in which W. W. Irwin was principal and tbe guaranty company is tbe surety and the only party defendant. Tbe judgment in the trial court was for tbe plaintiff.
It appears that W. W. Irwin was tbe sole heir to an estate in Vernon county and that plaintiff, tbe public administrator, was in charge of tbe estate as such administrator. Several months before tbe close of tbe administration Irwin became desirous that plaintiff turn over to him tbe greater part of tbe estate, con*468sisting of notes and securities amounting to more than thirty…
2Cases cited2 opinions
- Springsteen v. SamsonNew York Court of Appeals · 1865
- In re Irwin's EstateMissouri Court of Appeals · 1907
3Cited by3 opinions
- Hammond v. WheelerSupreme Court of Missouri · 1961
- Ver Standig v. St. Louis Union Trust Co.Supreme Court of Missouri · 1939
- State v. EisenhauerMontana Supreme Court · 1921