Board of Education v. National Surety Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». William Zachritz, Judge. (1) The court erred in refusing to give, at the instance of defendant, the declaration of law to the effect that the building commissioner of plaintiff did not succeed the architect of the old school board as sole judge or arbiter as to whether or not the heating and ventilating apparatus in question in this case worked satisfactorily in every respect. U. S. v. Nor. Am. Com.
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Appeal from St. Louis City Circuit Court. — No». William Zachritz, Judge. (1) The court erred in refusing to give, at the instance of defendant, the declaration of law to the effect that the building commissioner of plaintiff did not succeed the architect of the old school board as sole judge or arbiter as to whether or not the heating and ventilating apparatus in question in this case worked satisfactorily in every respect. U. S. v. Nor. Am. Com. Co., 74 Fed. 145; Wright v. Meyer, 25 S. W. 1122; Bank v. New York, 2 Thomp'. C. 523. (2) The conrt erred in giving, at the instance of plaintiff,…
1Opinion of the CourtMarshall, J.
This is an action upon a penal bond, with a collateral condition, for six thousand dollars, for tbe recovery of five thousand, eight hundred and three dollars and thirty-three cents, with six per cent interest, thereon from May 1, 1899. The plaintiff recovered a judgment in tbe circuit court for $6,577, and tbe defendant appealed.
Tbe case made is this: Tbe plaintiff is a public corporation organized under tbe laws of this State (Laws 1897, p. 220 et seq.), and is tbe successor of a corporation also organized under said laws, known and designated as tbe board of president and directors of tbe…
2Cases cited9 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wooten v. FriedbergSupreme Court of Missouri · 1946
- Goffe v. National Surety Co.Supreme Court of Missouri · 1928
- Hartford Fire Ins. v. CaseyMissouri Court of Appeals · 1917
- Gary Realty Co. v. SwinneySupreme Court of Missouri · 1929
- Hartford Acc. Etc. Co. v. Indus. Acc. Com.California Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.