Miner v. Howard
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The claims sued upon, alleged to constitute a breach of the bond, are barred by the statute of limitations. This being a suit upon an open account is barred by the five-year statute of limitations.
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Appeal from Harrison Circuit Court. — Hon. P. 0. Stepp, Judge. (1) The claims sued upon, alleged to constitute a breach of the bond, are barred by the statute of limitations. This being a suit upon an open account is barred by the five-year statute of limitations. R. S. 1899, sec. 4273; R. S. 1889, sec. 6775. (2) If, as between the plaintiffs and the defendant L. W. Howard, the claims sued on are barred, then upon what theory can the sureties on defendant’s bond be held ? The breach of the bond must show with certainty and precision that the plaintiffs have a cause of action. 3 American and…
1Opinion of the CourtEllison, J.
Defendant Howard undertook to dig a well for the city of Bethany. He gave a bond to the city in the sum of $1,000, with the other defendants as his sureties, conditioned, among other things, that he would pay for the labor and for the material used in digging the well. This action is to recover for material furnished Howard. Plaintiffs prevailed in the trial court.
In this court the parties have stipulated that the present action is on the same bond involved in Devers v. Howard, 88 Mo. App. 253, and upon the authority of Judge Broabdus'’ opinion in that case should be affirmed unless…
2Cases cited8 opinions
- Devers v. HowardSupreme Court of Missouri · 1898
- Reyburn v. CaseySupreme Court of Missouri · 1859
- Carr v. ThompsonSupreme Court of Missouri · 1878
- Rowsey v. LynchSupreme Court of Missouri · 1876
- City of Bethany v. HowardSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Knisely v. LeatheSupreme Court of Missouri · 1914
- Jackson v. Paulsel Lumber CompanyCourt of Appeals of Texas · 1970
- Frank Powell Lumber Co. v. Federal Insurance Co.Missouri Court of Appeals · 1991
- State ex rel. Griffin v. R.L. Persons Construction, Inc.Missouri Court of Appeals · 2006
- FOUR STAR ENTERPRISES EQUIPMENT, INC., and RGH, LLC, Plaintiffs-Appellants/Respondents v. EMPLOYERS MUTUAL CASUALTY COMPANY, Defendant-Respondent/Cross-AppellantMissouri Court of Appeals · 2022
3 more not listed; retrieve them via the Exa API.