Hicks v. National Surety Co.
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) Upon the whole record plaintiff is not entitled to recover, the demurrer to plaintiff’s evidence should have been sustained. The declaration of law that plaintiff was not entitled to recover as requested at the close of all the evidence should have been made. The finding and judgment should have been for defendant. Hicks v. Surety Co., 169 Mo. App. 487, 9 Cyc. 95; Horton v. Ins.
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Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) Upon the whole record plaintiff is not entitled to recover, the demurrer to plaintiff’s evidence should have been sustained. The declaration of law that plaintiff was not entitled to recover as requested at the close of all the evidence should have been made. The finding and judgment should have been for defendant. Hicks v. Surety Co., 169 Mo. App. 487, 9 Cyc. 95; Horton v. Ins. Co., 151 Mo. 604; Lucas v. Western Union Tel. Co., 131 la. 669, 109 N. W. 191, 6 L. E. A. (N. S.), 1016; Crohn v. U. C. T., 170 Mo. App. 279. (2) There were…
1Opinion of the CourtEllison, P. J.
This is an action for damages in which plaintiff recovered in the trial court the sum of seven hundred dollars.
The United States Government, in the year 1910, desired to let a contract for carrying the mail to and from the post office and to and from the railway trains at Chillicothe, Missouri. To that end it advertised for bids which were to be made and filed in the office of the Post-Master General at Washington by 4:30 p. m. of *503December 6, 1910. The service was to be for four years, beginning July 1, 1911, and ending June 30, 1915. Bids were to be accompanied by an application and a bond…
2Cases cited12 opinions
- Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
- Hamilton v. LoveIndiana Supreme Court · 1899
- Shannon v. ComstockNew York Supreme Court · 1839
- Ream v. WatkinsSupreme Court of Missouri · 1858
- Boland v. Glendale Quarry Co.Supreme Court of Missouri · 1895
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3Cited by3 opinions
- Coonis v. City of SpringfieldSupreme Court of Missouri · 1958
- Dingman v. Elizabeth Arden Sales Corp.Missouri Court of Appeals · 1955
- Coonis v. City of SpringfieldSupreme Court of Missouri · 1958