Missouri, Kansas & Texas Railway Co. v. American Surety Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. Hon. J. Hugo Grimm, Judg’e. (1) Plaintiff amended petition, on which the case was tried, failed to state facts sufficient to constitute a cause of action against defendant; and the trial court therefore erred in overruling defendant’s demurrer to the petition, and in refusing to give defendant’s instructions at the close of plaintiff’s evidence to the effect that under the pleadings and evidence plaintiff was not entitled to recover.
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Appeal from St. Louis City Circuit Court. Hon. J. Hugo Grimm, Judg’e. (1) Plaintiff amended petition, on which the case was tried, failed to state facts sufficient to constitute a cause of action against defendant; and the trial court therefore erred in overruling defendant’s demurrer to the petition, and in refusing to give defendant’s instructions at the close of plaintiff’s evidence to the effect that under the pleadings and evidence plaintiff was not entitled to recover. Watson Coal Co. v. James, 72 Iowa, 184; Tibbetts v. Moore, 23 Cal. 208'; Sylvestri v. Mis-socci, 165 ¡Mass. 337; Sec.…
1Opinion of the CourtWalker, J.
This suit was brought by the Missouri, Kansas & Texas Railway Company against the American Surety Company in the Circuit Court of the City of St. Louis on a bond of indemnity given by the firm of Graham & Miller as principal and the defendant, the American Surety Company, as surety, to the plaintiff' in the sum of $10',000. Upon a trial to the court there was a judgment in favor of the plaintiff, from which defendant appeals. The bond sued on was as follows:
“Know All Men by These Presents, That we, J., T. Miller and L. G. Graham, composing the firm of Graham & Miller, principals, and American…
2Cases cited26 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Guarantee Co. of North America v. Mechanics' Savings Bank & Trust Co.Supreme Court of the United States · 1902
- Fairbanks Canning Co. v. London Guaranty & Accident Co.Missouri Court of Appeals · 1911
- Garland v. SmithSupreme Court of Missouri · 1901
- Dibert v. D'ArcySupreme Court of Missouri · 1913
21 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- International Printing Pressmen & Assistants' Union v. SmithTexas Supreme Court · 1946
- Jo Ann Johnson v. State Mutual Life Assurance Co. Of AmericaCourt of Appeals for the Eighth Circuit · 1991
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- International Printing Pressmen & Assitant's Union of North America v. SmithTexas Supreme Court · 1946
- Massachusetts Bonding & Insurance Co. v. FeutzCourt of Appeals for the Eighth Circuit · 1950
36 more not listed; retrieve them via the Exa API.