Stolze v. United States Fidelity & Guaranty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge.. (1) The effect of the reversal and remand of the cause as to the St. Louis Transit Company left the judgment standing as to the non-appealing party, the respondent in this appeal. The liability on the judgment was joint and several, because the statute, section 889, Revised Statutes 1899, so provides. McElroy v. Ford, 81 Mo. App. 507 (overruling Sheehan & Holn Co. v. Sims, 28 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge.. (1) The effect of the reversal and remand of the cause as to the St. Louis Transit Company left the judgment standing as to the non-appealing party, the respondent in this appeal. The liability on the judgment was joint and several, because the statute, section 889, Revised Statutes 1899, so provides. McElroy v. Ford, 81 Mo. App. 507 (overruling Sheehan & Holn Co. v. Sims, 28 Mo. App. 65); State ex rel. v. Tate, 109 Mo. 270; Keenan v. St. Joseph, 126 Mo. 96. (2) There can be no question that the appeal bond on which…
1Opinion of the CourtNortoni, J.
This is an attempt to enforce the liability of a surety for an undertaking, after the indebtedness vouchsafed had been extinguished by the principal obligor. The court denied the right asserted and plaintiff complains of the ruling.
The facts out of which the question arises are as follows: It appears plaintiff recovered a judgment for $15,000 against the St. Louis Transit Company and an appeal was perfected therefrom hy defendant in that case to the Supreme Court. The present defendant, the United States Fidelity & Guaranty Company, became surety on the appeal bond' of the St. Louis Transit…
2Cases cited7 opinions
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- Ames v. MaclaySupreme Court of Iowa · 1862
- Trotter v. StrongIllinois Supreme Court · 1872
- Beall v. CochranSupreme Court of Georgia · 1855
- Stolze v. St. Louis Transit Co.Missouri Court of Appeals · 1907
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3Cited by2 opinions
- Walin v. YoungOregon Supreme Court · 1947
- Omaha National Bank v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1927