Henry County v. Salmon
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Row James T. Neville, Judge, (1) The contract of a surety must receive a strict construction and cannot be extended beyond the fair scope of its terms. Blair v. Ins. Co., 10' Mo. 559; Fisse v. Emstein, 5 Mo. App. 78. The liability of a surety cannot be extended by implication beyond the plain terms of his contract.
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Appeal from Greene Circuit Court. — Row James T. Neville, Judge, (1) The contract of a surety must receive a strict construction and cannot be extended beyond the fair scope of its terms. Blair v. Ins. Co., 10' Mo. 559; Fisse v. Emstein, 5 Mo. App. 78. The liability of a surety cannot be extended by implication beyond the plain terms of his contract. State ex rel. v. Sandusky, 46 Mo. 377; Leavel v. Porter, 52 Mo. 632; Erath v. Allen, 55 Mo-. App. 107; State ex rel. v. Weeks, 92 Mo. App. 359. A surety is the favorite of the law- and has the right to stand on the strict terms of his obligation.…
1Opinion of the CourtLamm, J.
The suit is against Salmon & Salmon as principal and the sureties on a county depositary bond alleged to have been executed in the penal sum of $200,000 to the county of Henry in this State. Begun in the circuit court of Henry county by attachment, the. case went on change of venue to the circuit court of Greene county. Answers were filed by three of the sureties — Adamson, Adair and Gaines. By stipulation the issues on-the attachment were to abide the finding on the merits.
At a trial before the Honorable James T. Neville, Judge of the Greene Circuit Court, without the aid of a jury, the…
2Cases cited26 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Turner v. YatesSupreme Court of the United States · 1854
- United States v. Gabriel F. IrvingSupreme Court of the United States · 1843
- McCune v. BeltSupreme Court of Missouri · 1869
- Board of County Commissioners v. Citizens' BankSupreme Court of Minnesota · 1897
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3Cited by41 opinions
- Lawrence v. American Surety Co.Michigan Supreme Court · 1933
- Affiliated Enterprises, Inc. v. WallerSuperior Court of Delaware · 1939
- Western Casualty & Guaranty Ins. v. Board of Com'rsSupreme Court of Oklahoma · 1916
- Blalock v. StateSupreme Court of Georgia · 1928
- Fidelity & Deposit Co. of Maryland v. Farmers' Bank of Bates CountyCourt of Appeals for the Eighth Circuit · 1930
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