Legal Opinion

National Surety Company v. Kansas City Hydraulic Press Brick Co.

Supreme Court of Kansas

Decided March 10, 1906No. 14,347PublishedCited by 21 opinions

Error from Wyandotte court of common pleas; William G.' Holt, judge. STATEMENT. This action was begun to recover for brick furnished to W. W. Atkin, a contractor, who paved certain streets of Kansas City, Kan. The action was brought against W. W. Atkin, as principal, and the National Surety Company, as surety upon his statutory bond.

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Error from Wyandotte court of common pleas; William G.' Holt, judge. STATEMENT. This action was begun to recover for brick furnished to W. W. Atkin, a contractor, who paved certain streets of Kansas City, Kan. The action was brought against W. W. Atkin, as principal, and the National Surety Company, as surety upon his statutory bond. On the conclusion of the evidence the court directed a verdict in favor of plaintiff and against Atkin and the surety company for $6115.95, and the surety company prosecutes error. The petition recites that in September, 1901, Atkin entered into a contract with…

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.:

The conclusions we have reached in this case render it necessary to consider only the question whether the demurrers to the second and third counts of the answer should have been sustained. It is proper to say here that there is a substantial conflict in the averments of the answer and the claims advanced by counsel for plaintiffs in error in their briefs, which makes it somewhat difficult to understand what their position is. It is asserted in the briefs that “the answer pleaded that the plaintiff actively promoted the work, and by its…

2Cases cited15 opinions

  1. Gunter v. LeckeySupreme Court of Alabama · 1857
  2. Galbreath v. NewtonMissouri Court of Appeals · 1887
  3. McQuiddy v. BrannockMissouri Court of Appeals · 1897
  4. Swift v. City of St. LouisSupreme Court of Missouri · 1904
  5. Smith v. . Syracuse Improvement CompanyNew York Court of Appeals · 1900

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3Cited by21 opinions

  1. Sutter Bros. Construction Co. v. City of LeavenworthSupreme Court of Kansas · 1985
  2. Williams v. City of TopekaSupreme Court of Kansas · 1911
  3. Curtice v. SchmidtSupreme Court of Missouri · 1907
  4. Kansas City Hydraulic Press Brick Co. v. National Surety Co.Court of Appeals for the Eighth Circuit · 1909
  5. Pacella v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1959

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