Joblin v. Illinois Surety Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. ■ (1) The rules applicable to compensated sureties are radically different than, those applicable to the old-fashioned accommodation sureties; the doctrine of strictissimi juris no longer prevails, and in its stead is the doctrine that a compensated surety must show some injury before it can he released for deviations from the contract.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. ■ (1) The rules applicable to compensated sureties are radically different than, those applicable to the old-fashioned accommodation sureties; the doctrine of strictissimi juris no longer prevails, and in its stead is the doctrine that a compensated surety must show some injury before it can he released for deviations from the contract. Lackland v. Renshaw and Surety Co., 256 Mo. 133; Rule v. Anderson et al., 160 Mo. App'. 347; Boppart v. Surety Co., 140 Mo. App. 675; Williams v. Pacific Surety Co., 149 Pac. 524; City of…
1Opinion of the CourtReynolds, P. J.
Action on contract and bond for the erection of a building to be occupied as a residence by plaintiff, who seeks to recover $1728.28 as ex- . cess necessarily paid out by him over the contract price to mechanics and materialmen in order to complete the building, the contractor, Banner Land & Building Company, as it is alleged, having abandoned the work before its completion. The action was originally brought against the contractor as well as against the Illinois Surety Company, .surety on the bond, but was dismissed as to the contractor, no service of process having been made upon it and it…
2Cases cited13 opinions
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
- Patterson v. PattersonSupreme Court of Missouri · 1906
- South St. Joseph Land Co. v. BretzSupreme Court of Missouri · 1894
- Lackland v. EdwinSupreme Court of Missouri · 1914
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1904
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3Cited by4 opinions
- State Ex Rel. State Social Security Commission v. Estate of ButlerSupreme Court of Missouri · 1944
- Meridian Lumber Co. v. Lowry Lumber Co.Missouri Court of Appeals · 1921
- Lessner v. Monarch Fire InsuranceMissouri Court of Appeals · 1941
- State Ex Rel. Gordon v. BeckerSupreme Court of Missouri · 1932