Fred Heim Brewing Co. v. Hazen
Missouri Court of Appeals
Appeal from the Gentry Circuit Court. — Hon. C. H. S. ■ (Goodman, Judge. ' (1) The principal question in this case is, whether or not the adding of the word seal to the sureties’ signatures is such an alteration of the bond as to avoid it and release the sureties.
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Appeal from the Gentry Circuit Court. — Hon. C. H. S. ■ (Goodman, Judge. ' (1) The principal question in this case is, whether or not the adding of the word seal to the sureties’ signatures is such an alteration of the bond as to avoid it and release the sureties. The evidence in this case is uncontradicted, that the bond was received at Kansas City by the plaintiff and obligee in the identical form in which it was sued upon, and, if the seal was added after the sureties signed, such additions were made by some party other than the obligee. State to use v. Potter, 63 Mo. 212; Brown v. Baker,…
1Opinion of the CourtGill, J.
One, Glustave Naurath, was engaged in selling beer at Stanberry, Missouri, and he bought his supplies from the plaintiff brewing company. To secure payment of the bills for beer the brewing company required Naurath to furnish it a bond with satisfactory security, and this he did and delivered it the instrument here sued on, purporting to be a bond in the penal sum of $500, under the hand and seals of said Naurath as principal, and defendants Hazen, Bis-son, Oonnly, Stevens, Burnley and Glennug as sureties. Naurath subsequently defaulted in the matter of the purchases of beer, left the…
2Cases cited7 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Trigg v. TaylorSupreme Court of Missouri · 1858
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3Cited by3 opinions
- Martin v. WhitesMissouri Court of Appeals · 1907
- Allen v. DornanMissouri Court of Appeals · 1894
- Handley v. BarrowsMissouri Court of Appeals · 1897