Chicago Crayon Co. v. McNamara
Missouri Court of Appeals
Appeal from Bucbanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) A suit may be maintained on a note or bond against the sureties alone without joining the principal. Manny y. Surety Co., 103 Mo. App. 716. (2) A sureties’ undertaking must be construed' like any other contract, according -to the intention of the parti®. Lighting Co. y. Hobart, 98 Mo. App. 227; Fairbanks Co. y. Bonding & Trust Co., 97 Mo. App. 205; North St. Louis, etc., v. Obert, 169 Mo. 507.
1Opinion of the CourtBroaddus, P. J.
This is a suit by plaintiff against J. W. Chapman as principal and defendants, J. J.'M’Namara, A. J. Gordon and D. C. Sampson, as his sureties on his own bond, to recover the sum of $461.84 alleged to be due plaintiff under the terms of the bond and the contract thereto attached, for money furnished Chapman while he was acting as plaintiff’s agent under said contract, and for materials in his hands furnished him thereunder for which he failed to account to the plaintiff. Chapman not being a resident of the State and not being served with notice of the suit, the cause was tried against the…
2Cases cited4 opinions
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Springfield Lighting Co. v. HobartMissouri Court of Appeals · 1902
- N. K. Fairbank Co. v. American Bonding & Trust Co.Missouri Court of Appeals · 1902
- Hurley v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
3Cited by2 opinions
- Sparkman v. First State BankTexas Supreme Court · 1922
- Ross v. W. D. Cleveland & SonsCourt of Appeals of Texas · 1910