State ex rel. First National Bank v. Federal Union Surety Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—It on. E. E. Porter-field, Judge. (1) The judgment in favor of defendant, Merchants Refrigerating Company, and against defendant, Federal Union Surety Company, cannot stand. Bunn v. Jetmore, 70 Moi 228; North St. Louis B. & L. Assn, v. Obert, 169 Mo. 507; In re Wiseman, 123 Fed. Rep. 185; Hibbard v. Bailey, 129 Fed. Rep. 575; Lobaugh v. Thompson, 74 Mo., 600; Sewing Machine Oo. v. Maxwell, 63 Mo. 486; Gates- y.
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Appeal from Jackson Circuit Court.—It on. E. E. Porter-field, Judge. (1) The judgment in favor of defendant, Merchants Refrigerating Company, and against defendant, Federal Union Surety Company, cannot stand. Bunn v. Jetmore, 70 Moi 228; North St. Louis B. & L. Assn, v. Obert, 169 Mo. 507; In re Wiseman, 123 Fed. Rep. 185; Hibbard v. Bailey, 129 Fed. Rep. 575; Lobaugh v. Thompson, 74 Mo., 600; Sewing Machine Oo. v. Maxwell, 63 Mo. 486; Gates- y. Tebbetts (Neb.), 119 N. W. Rep., 1120, 20 L. R. A. (N. S.) 1000. (2) Security released by acts of plaintiff. Bankruptcy Act of 1898, sec. 57 (30…
1Opinion of the CourtBroaddus, P. J.
As the parties do not disagree materially as to the facts we will present the case as made np from their statements.
The suit is by the relator, First National Bank of Morris, Oklahoma, on a warehouse bond given by the Merchants Refrigerating Company as principal, and the Federal Union Surety Company as surety. The loss alleged thereunder being founded on the value of butter covered by a warehouse receipt, but which could not be found on the demand of the relator. The breach alleged, is that the butter was not on hand at the- time of the issuing of the receipt therefor by the Refrigerating…
2Cases cited6 opinions
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
- Fisse v. EinsteinMissouri Court of Appeals · 1878
- In re LevyDistrict Court, W.D. Pennsylvania · 1901
- Manny v. National Surety Co.Missouri Court of Appeals · 1904
- In re BurchellDistrict Court, S.D. New York · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Aetna Insurance Company v. Junction Warehouse CompanyCourt of Appeals for the Fifth Circuit · 1968
- Feltner v. HoskinsCourt of Appeals of Kentucky (pre-1976) · 1933