R. W. Wallace & Sons Manufacturing Co. v. Hagood Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) The surety on a second appeal bond, who, upon affirmance of the judgment, appealed from, pays the same to tbe creditor, is not entitled to be subrogated to the rights of the creditor against a surety on a prior appeal bond.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. (1) The surety on a second appeal bond, who, upon affirmance of the judgment, appealed from, pays the same to tbe creditor, is not entitled to be subrogated to the rights of the creditor against a surety on a prior appeal bond. Stearns on Suretyship, sec. 254, p. 454, sec. 246, p. 432; Shelton on Subrogation (2.Ed.), see. 131, p. 198; Hanby’s Admr. v. Henritzi’s Admr., 85' Va. 181; Wronkow v. Oakley, 133 N. Y. 510; Winston v. Rives, 4 Stew. Port. (Ala.) 269; Hinkly v. Kreitz, 58 N. Y. 583; Chris-man v. Jones, 34 Ark. 76;…
1Opinion of the CourtReynolds, P. J.
This case, a motion to quash an execution — apparently also involving another execution, in which the same situation was present, the executions different in amount only — was heard on an agreed statement of facts, to the effect that the Wallace Company brought suit in a justice of the peace court against the Hagood Company, and prevailed. The Hagood Company appealed that case to the circuit court, and the respondent here, May.te H. Kelly, signed the .appeal bond. When the case came on for trial in the circuit court, the Hagood Company lost again, and appealed to the St. Louis Court of…
2Cases cited4 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- Hull v. SherwoodSupreme Court of Missouri · 1875
- Bank on Warren County v. KembleMissouri Court of Appeals · 1895
- Mellier v. BartlettSupreme Court of Missouri · 1886
3Cited by3 opinions
- Jones v. Overall and SchulerMissouri Court of Appeals · 1929
- First National Bank v. BarrettMissouri Court of Appeals · 1936
- Fidelity & Deposit Co. v. MullinsMissouri Court of Appeals · 1934