Pickel Stone Co. v. McClintin
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Leo 8. Bassieur, Judge. . (1) The original petition was filed by one of the beneficiaries of a bond, to the use and at the relation of another beneficiary whose rights were co-ordinate and wholly independent of the first, and the obligee (trustee) was not made a party.
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. Leo 8. Bassieur, Judge. . (1) The original petition was filed by one of the beneficiaries of a bond, to the use and at the relation of another beneficiary whose rights were co-ordinate and wholly independent of the first, and the obligee (trustee) was not made a party. The amended petition sought to drop the original plaintiff and substitute the party who was designated relator in the first petition, and again ignored the obligee (trustee) of the bond. This is a complete and unlawful substitution of parties, (a) The first plaintiff had no legal…
1Opinion of the CourtAllen, J.
TMs is a suit upon a contractor’s bond for the erection of a schoolhouse in Valley Park School District No. 5, township 44, range 5 east, of St. Lords county, Missouri. The bond is executed to the State of Missouri by the defendant, George S. McClinton, as principal, and his codefendant, United Surety Company, as surety, and is conditioned that defendant McClinton shall faithfully perform his contract for the erection of such building, “and shall as soon as the work contemplated by said contract is completed, pay to the proper parties all amounts due for material and labor used and employed…
2Cases cited10 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Devers v. HowardSupreme Court of Missouri · 1898
- Grymes v. Liebke Hardwood Mill & Lumber Co.Missouri Court of Appeals · 1905
- Hackett v. Van FrankMissouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Russell v. NelsonSupreme Court of Missouri · 1927
- N. O. Nelson Co. v. StephensonCourt of Appeals of Texas · 1914
- Craig v. Metropolitan Life InsuranceMissouri Court of Appeals · 1927
- Turner v. NobleMissouri Court of Appeals · 1923
- Paloni v. BeebeUtah Supreme Court · 1941
2 more not listed; retrieve them via the Exa API.