Gay v. Murphy
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. James E. Withrow, Judge. First. Possession of a bond by the obligee is prima facie proof of its delivery by the obligors who have signed it, even though it be incomplete on its face. 2 Greenl. Ev. [14 Ed.], sec. 297; Williams v. Springs, 7 Ired. L. 384; Bank v. Bidgley, 1 Harr. & Gill. 324; Chandler v. Temple, 4 Cush. 285; Grim v. School Directors, 51 Pa. St. 220; Blume v. Bowman, 2 Ired. L. 338; Ward v. Churn, 18 Gratt.
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Appeal from St. Louis City Circuit Court.— Hon. James E. Withrow, Judge. First. Possession of a bond by the obligee is prima facie proof of its delivery by the obligors who have signed it, even though it be incomplete on its face. 2 Greenl. Ev. [14 Ed.], sec. 297; Williams v. Springs, 7 Ired. L. 384; Bank v. Bidgley, 1 Harr. & Gill. 324; Chandler v. Temple, 4 Cush. 285; Grim v. School Directors, 51 Pa. St. 220; Blume v. Bowman, 2 Ired. L. 338; Ward v. Churn, 18 Gratt. (Va.) 801; Toions v. Kellett, 11 Ga. 286. Second. The bond is prima facie valid and binding on the sureties, though not…
1Opinion of the CourtBubgess, J.
Action to recover of defendants, as sureties of Andrew- G. Wallin, damages aggregating the sum of $6,373.14, for breaches of a building bond. The penalty of the bond is $10,000. It was never signed by the principal, Wallin. It reads as follows:
“Know all men by these presents, That Andrew G-. Wallin, of the city of St.- Louis, Missouri, as principal, and P. C. Murphy,'L. A. Bowlin, and Charles Green, as securities, are jointly and severally held and firmly bound unto Taaffe & Gay, of the city of St. Louis, Missouri, in the sum of ten thousand ($10,000) dollars, lawful money of the United…
2Cases cited31 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Dair v. United StatesSupreme Court of the United States · 1873
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
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3Cited by16 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Rule v. AndersonMissouri Court of Appeals · 1911
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
- Farmers & Traders Bank of Auxvasse v. HarrisonSupreme Court of Missouri · 1928
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