State ex rel. Grimm v. Manhattan Rubber Manufacturing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -IIon. Daniel Dillon, Judge. (1) The petition in this case fails to state a cause of action, in this, that it appears from the petition that the condition of the bond sued on was that the Manhattan Rubber Manufacturing Company should “indemnify the said Henry Troll, sheriff, against all damages and costs which he may sustain in consequence of such seizure and sale of the property aforesaid under said writ.”
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Appeal from St. Louis City Circuit Court. — -IIon. Daniel Dillon, Judge. (1) The petition in this case fails to state a cause of action, in this, that it appears from the petition that the condition of the bond sued on was that the Manhattan Rubber Manufacturing Company should “indemnify the said Henry Troll, sheriff, against all damages and costs which he may sustain in consequence of such seizure and sale of the property aforesaid under said writ.” And the petition fails to state that there ever was any sale of said property. Nor should the bond, for the same reason, have been admitted in…
1Opinion of the CourtYalliant, J.
This is a suit upon the statutory bond given by a plaintiff in attachment to the sheriff to indemnify a third party claimant of the property attached.
The facts of the case are substantially as follows: The Peters Rubber and Supply Company was a corporation doing business in St. Louis in 1895. There were but three directors, viz., Charles O. Peters, James Ruane and Charles W. Ohrendorf, who were respectively president, vice-president and secretary. Peters owned nearly all the stock; Ohrendorf and Ruane owned each a small part and had very little to do with the business, both being engaged in…
2Cases cited8 opinions
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Foster v. Mullanphy Planing Mill Co.Supreme Court of Missouri · 1887
- Calumet Paper Co. v. Haskell Show Printing Co.Supreme Court of Missouri · 1898
- Alberger v. National Bank of CommerceSupreme Court of Missouri · 1894
- Schufeldt v. SmithSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of St. Louis ex rel. Contracting & Supply Co. v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1913
- Portland v. New England Casualty Co.Oregon Supreme Court · 1915
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
- Santa Fe Hills Golf & Country Club v. Safehi Realty Co.Supreme Court of Missouri · 1961
- O'Rourke v. Grand Opera House Co.Montana Supreme Court · 1913
9 more not listed; retrieve them via the Exa API.