La Crosse Lumber Co. v. Schwartz
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Eon. John M. Williams, Judge. (1) The fact that the bond ox surety agreement sued on was made to the board of managers of the Confederate Soldiers’ Home instead of to the state of Missouri, does not render it invalid or preclude recovery thereon.
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Appeal from Cole Circuit Court. — Eon. John M. Williams, Judge. (1) The fact that the bond ox surety agreement sued on was made to the board of managers of the Confederate Soldiers’ Home instead of to the state of Missouri, does not render it invalid or preclude recovery thereon. Waterman v. Prank, 21 Mo. 108; Barnes v. Webster, 16 Mo. 258; Henoch v. Chaney, 61 Mo. 129. A bond of a county treasurer executed to the state instead of to the county, as required by statute, is good as a common law bond. State v. Thomas, 17 Mo. 503; State v. Lafayette Co., 75 Mo. 371. (2) While said bond or…
1Opinion of the CourtJohnson, J.
This is an action on a building contractor’s bond to recover for lumber and other materials furnished by plaintiff to the contractor for use in the construction of the building on account of which the bond was given. The defendants who are the contractor and his sureties interposed a demurrer to the petition which the court sustained. Plaintiff declined to plead further and appealed from the judgment rendered against it. The material facts alleged in the petition are as follows: The Confederate Soldiers ’ Home near Higginsville is one of the eleemosynary institutions of the state and is under…
2Cases cited10 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Devers v. HowardSupreme Court of Missouri · 1898
- Hydraulic Press Brick Co. v. School DistrictMissouri Court of Appeals · 1899
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Board of Education ex rel. Philip Carey Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Harold B. Wackerle and Evelyn Wackerle v. Pacific Employers Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1955
- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
- Federal Surety Co. v. Minneapolis Steel & MacHinery Co.Court of Appeals for the Eighth Circuit · 1927
- Illinois State Toll Highway Commission Ex Rel. Patten Tractor & Equipment Co. v. M. J. Boyle & Co.Appellate Court of Illinois · 1962
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
15 more not listed; retrieve them via the Exa API.