Lackland v. Edwin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The notices of the contractor’s default given to the surety company by plaintiffs were a sufficient compliance with the terms of the bond. Grocery Co. v. Guaranty Co., 130 Mo. App. 431; Fidelity C'o. v. Bank, 97 Ga. 634; Ins. Co. v. Surety Co., 93 Cal. 7; Bldg. Assn. v. Gibbs, 119 Mich. 318; Surety Co. v. Pauley, 170 IT. S. 133; Roark v. Trust Co., 130 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The notices of the contractor’s default given to the surety company by plaintiffs were a sufficient compliance with the terms of the bond. Grocery Co. v. Guaranty Co., 130 Mo. App. 431; Fidelity C'o. v. Bank, 97 Ga. 634; Ins. Co. v. Surety Co., 93 Cal. 7; Bldg. Assn. v. Gibbs, 119 Mich. 318; Surety Co. v. Pauley, 170 IT. S. 133; Roark v. Trust Co., 130 Mo. App. 410; 1 Brandt on Suretyship (3 Ed.), sec. 16L (2) Under the undisputed evidence in this case the referee and the trial court erred in failing to find and…
1Opinion of the Court
BLAIR, C.
— This controversy arises upon a surety bond given to secure plaintiffs against loss by reason of any failure of the defendant contractors to perform their contract to erect a building in St. Louis. The trial court gave judgment for the defendant surety company. The questions presented relate solely to the efficacy of certain facts to release the surety from its obligation. Respondent company is in the business of acting as surety, charging a premium therefor. It had received compensation for becoming surety on the bond in suit.
The defenses and findings upon which the surety was…
2Cases cited11 opinions
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Van Buren County v. American Surety Co.Supreme Court of Iowa · 1908
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
- Heffernan v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1905
- United States Fidelity & Guaranty Co. v. RiceCourt of Appeals for the Eighth Circuit · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
- BAYER & MINGOLLA CONSTRUCTION CO. INC. v. DeschenesMassachusetts Supreme Judicial Court · 1965
- Commercial Bank v. American Bonding Co.Missouri Court of Appeals · 1916
- Noonan v. Independence Indemnity Co.Supreme Court of Missouri · 1931
14 more not listed; retrieve them via the Exa API.