Legal Opinion

C. H. Albers Commission Co. v. Spencer

Supreme Court of Missouri

Decided July 12, 1911PublishedCited by 25 opinions

St. Louis City Circuit Court.— Hon. Jesse A. McDonald, Judge. (1) No judgment should he given for damages on a bond for temporary injunction until a final disposition of the case is reached on its merits and a final decree rendered, which had not taken place in this cause when judgment on the bond was entered in favor of some of the obligees, and not all. Railway v. Railroad, 135 Mo. 554; Price v. Calumet, 82 Mo.

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St. Louis City Circuit Court.— Hon. Jesse A. McDonald, Judge. (1) No judgment should he given for damages on a bond for temporary injunction until a final disposition of the case is reached on its merits and a final decree rendered, which had not taken place in this cause when judgment on the bond was entered in favor of some of the obligees, and not all. Railway v. Railroad, 135 Mo. 554; Price v. Calumet, 82 Mo. App. 19; Cohn v. Lehmann, 93 Mo. 584; Johnson v. Board, 65 Mo. 47; 1 Beach, Inj., sec. 17; Jones v. Ross, 48 Kan. 474; Musgrave v. Sherwood, 76 N. Y. 194; Tea Co. v. Stewart, 120 N.…

1Opinion of the Court

LAMM. J.

This is an appeal, by the principal and sureties on injunction bonds, from the assessment of damages on motions on the dissolution of five injunctions. From a judgment assessing such damages at $10,867.11, said principal and sureties appeal.

• A short history of the litigation is not amiss, viz.: In December, 1903, the C. H. Albers Commission Co. (hereinafter called appellant) brought five suits in *619equity — the first against John T. Milliken, Corwin H. Spencer, The Merchants’ Exchange of St. Louis, The National Bank of Commerce, in St. Louis, Thomas Akin and thirteen others; the second…

2Cases cited19 opinions

  1. Cohn v. LehmanSupreme Court of Missouri · 1887
  2. Holloway v. HollowaySupreme Court of Missouri · 1890
  3. State ex rel. Busch v. DillonSupreme Court of Missouri · 1888
  4. Padgett v. SmithSupreme Court of Missouri · 1907
  5. Padgett v. SmithSupreme Court of Missouri · 1907

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3Cited by25 opinions

  1. Aquamsi Land Co. v. City of Cape GirardeauSupreme Court of Missouri · 1940
  2. Perseverance Common School District No. 90 v. HoneyMissouri Court of Appeals · 1963
  3. Burney v. McLaughlinMissouri Court of Appeals · 2001
  4. Kahn v. Royal Banks of MissouriMissouri Court of Appeals · 1990
  5. Collins & Herman, Inc.-Welsbach & Associates Division v. St. Louis CountySupreme Court of Missouri · 1985

20 more not listed; retrieve them via the Exa API.

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