Lyons v. National Surety Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Samuel Hams, Judge. (1) Courts will interpret, not make, contracts for the parties. Indem. Co. v. Mining Co., 154 Fed. 554; Mining Co. v. Ins. Co., 126 Mo. App. 104; Grocer Co. v. Canning Co., 129 Mo.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Hams, Judge. (1) Courts will interpret, not make, contracts for the parties. Indem. Co. v. Mining Co., 154 Fed. 554; Mining Co. v. Ins. Co., 126 Mo. App. 104; Grocer Co. v. Canning Co., 129 Mo. App. 325; Diederick v. Eose, 228 111. 610. (2) Failure to make discovery of alleged loss, to give notice thereof, to make claim therefor or proof thereof, according to the requirements of the bond, (a) Construction of bond and diligence in discovering loss. No room for construction where bond is unambiguous. Assn. v. Obert, 169 Mo. 515 ; Finkbohmer v.…
1Opinion of the CourtKennish, J.
This is an appeal from a judgment of the circuit court of Lafayette county, in an action by Charles Lyons, receiver of the Middleton Bank of Waverly, Missouri, plaintiff, against the National Surety Company, defendant, to recover the penalty of a bond for ten thousand dollars, made by the defendant to said Middleton Bank, guaranteeing the fidelity of E. H. Lewis, cashier of said bank. By agreement of the parties a jury was waived, and at the April term, 1907, the cause was tried to the court. The trial resulted in a finding and judgment in favor of the plaintiff for ten thousand dollars, and…
2Cases cited11 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Harding v. BedollSupreme Court of Missouri · 1907
- Forrister v. SullivanSupreme Court of Missouri · 1910
- DeJernette v. Fidelity & Casualty Co.Court of Appeals of Kentucky · 1896
- State ex rel. Brown v. BroaddusSupreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Ladies of the Modern Maccabees v. Illinois Surety Co.Michigan Supreme Court · 1917
- Leonard v. ætna Casualty & Surety Co.Court of Appeals for the Fourth Circuit · 1935
- Southeast Bakery Feeds, Inc. v. Ranger InsuranceMissouri Court of Appeals · 1998
- Commercial Bank v. American Bonding Co.Missouri Court of Appeals · 1916
8 more not listed; retrieve them via the Exa API.