St. Louis Police Relief Ass'n v. American Bonding Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1)The court erred in permitting Ambrose to testify that the papers in Healy’s office were signed by Healy when he did not know Healy’s signature. (2) The court erred in refusing to permit the defendant to show that the books of plaintiff were so kept that the audit required by plaintiff’s statement, which was the basis of the bond, could not be made.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1)The court erred in permitting Ambrose to testify that the papers in Healy’s office were signed by Healy when he did not know Healy’s signature. (2) The court erred in refusing to permit the defendant to show that the books of plaintiff were so kept that the audit required by plaintiff’s statement, which was the basis of the bond, could not be made. (3) The court erred in permitting plaintiff’s exhibí i. Nos. 2, 8, 7 and 4, which were reports of the auditing committee, to he read in evidence, without proof that the…
1Opinion of the CourtAllen, J.
(after stating the facts). — The objection made to the introduction of the bond below, viz. that it had not been signed by Healy, we regard as without merit. True it is that the bond provided that it was essential to the validity thereof that it be signed by the employee. Defendant was entitled to have it so signed, but this was a right which defendant could waive if it saw fit. The rule stated in St. Louis Ass’n v. Obert, 169 Mo. 507, 69 S. W. 1044, on which appellant relies, has here no application.
Defendant is a corporation engaged in the business of acting as. surety for hire. In respect…
2Cases cited8 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Rule v. AndersonMissouri Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Grand Lodge of United Brothers of Friendship & Sisters of Mysterious Ten v. Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1930
- State ex rel. Elberta Peach & Land Co. v. Chicago Bonding & Surety Co.Supreme Court of Missouri · 1919
- Union State Bank v. American Surety Co.Supreme Court of Missouri · 1930
- Pointe Development, LLC v. Enterprise Bank & TrustMissouri Court of Appeals · 2010
- Buder v. HoltSupreme Court of Missouri · 1938
1 more not listed; retrieve them via the Exa API.