Kansas City ex rel. Diamond Brick & Tile Co. v. Schroeder
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. Andrew F. Evans, Judge. (1) There must be a reversal of the judgment for the brick company.
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Appeal from Jackson Circuit Court.—Hon. Andrew F. Evans, Judge. (1) There must be a reversal of the judgment for the brick company. There were four distinct judgments rendered against appellants, the sureties upon the contractor’s bond—one for $5,132.25, in favor of the brick company, and separate judgments in favor of each of the three interveners, aggregating $2,937.86. Here a stipulation has been filed that the judgment in favor of the Diamond Brick & Tile Company against appellants may be reversed and final judgment entered either here or below in favor of said appellants. Nothing remains…
1Opinion of the CourtBurgess, P. J.
This is a suit by Kansas City to the use of the Diamond Brick & Tile C'ompany against S. F. Schroeder, James Van Burén, Jr., and the National Surety Company, on a contractor’s bond wherein said Schroeder is principal, and Van Burén and the National Surety Company are sureties. The contract in question was for the paving of a portion of Howard street in said city. The Diamond Brick & Tile Company furnished the brick which were used in the paving.
The answer of the defendant Schroeder was a general denial. The defenses interposed by the other two defendants were, first, a general denial, and,…
2Cases cited24 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Doll v. CrumeNebraska Supreme Court · 1894
- Kaufmann v. CooperNebraska Supreme Court · 1896
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- Beattie Manufacturing Co. v. ClarkSupreme Court of Missouri · 1907
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