Saussenthaler v. Federal Union Surety Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) If a lien be lost by reason of tbe operation of law, although with the knowledge of the creditor and without his co-operation in any way, he must, nevertheless, be deemed responsible for the resulting damage to the surety. Miller v. Dyer, 1 Duv. (Ky.) 263; Lumsden v. Leonard,-55 Ga. 574; Fleming v. Odum, 59 Ga. 367; Wright v. Knepper, 1 Barr.
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Appeal from the St. Louis City Circuit Court. — Hon. George G. Hitchcock, Judge. (1) If a lien be lost by reason of tbe operation of law, although with the knowledge of the creditor and without his co-operation in any way, he must, nevertheless, be deemed responsible for the resulting damage to the surety. Miller v. Dyer, 1 Duv. (Ky.) 263; Lumsden v. Leonard,-55 Ga. 574; Fleming v. Odum, 59 Ga. 367; Wright v. Knepper, 1 Barr. (Pa.) 361; Johnson v. Young, 20 W. Va.; Shutts v. Fengar, 100 1ST. Y. 539; Newcombe v. Raynor, 21 Wendall 128; Pingrey on Suretyship and Guaranty, (2 Ed.), sec. 95;…
1Opinion of the CourtBecker, J.
This is an action at law on a statutory appeal bond executed by appellant as surety for William Ratican, principal in the bond. The respondent was plaintiff below and as assignee of the judgment against the said William Ratican et al., filed this suit against the surety, appellant here.
The case was heard without a jury, and upon the conclusion of the evidence in the casé the trial court rendered judgment in favor of the respondent, for the penalty of the bond, to be satisfied upon the payment of *115$1899.11, the amount found to be due on the judgment. From this judgment defendant appeals.
There…
2Cases cited7 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Burrus v. CookSupreme Court of Missouri · 1908
- Henderson v. Cass CountySupreme Court of Missouri · 1891
- Phœnix Mutual Life Insurance v. LandisMissouri Court of Appeals · 1892
- English v. SeibertMissouri Court of Appeals · 1892
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3Cited by4 opinions
- Lancaster v. SimmonsMissouri Court of Appeals · 1981
- Davis v. DavisSupreme Court of Missouri · 1955
- Defeo v. GoodwinMissouri Court of Appeals · 1926
- Collingsworth v. KingCourt of Appeals of Texas · 1955