Peters v. Equitable Surety Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George II. Shields, Judge. (1) The court erred in refusing to give defendant’s declaration of law in the nature of a demurrer to the evidence, both at the close of plaintiff’s ease and at the close of the whole case, for the reason that all the evidence showed that the railroad company failed to prosecute its appeal with due diligence, due to an agreement of compromise between the plaintiff and the railroad company, which…
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Appeal from St. Louis City Circuit Court. — Hon. George II. Shields, Judge. (1) The court erred in refusing to give defendant’s declaration of law in the nature of a demurrer to the evidence, both at the close of plaintiff’s ease and at the close of the whole case, for the reason that all the evidence showed that the railroad company failed to prosecute its appeal with due diligence, due to an agreement of compromise between the plaintiff and the railroad company, which agreement was a material variance from the original contract, thereby releasing defendant. Schuster v. Weiss, 114 Mo. 175;…
1Opinion of the Court
WHITE, C.
The plaintiff recovered against the defendant as surety on an appeal bond, the judgment from which the defendant appeals.
On March 12, 3912, the plaintiff obtained judgment against the St. Louis & San Francisco Railroad Company for five thousand dollars. From this judgment the *322Railroad Company appealed to the St. Louis Court of Appeals, and gave bond in the usual form in the sum of $10,200, with this defendant, Equitable Surety Company, as surety.
On November 4, 1913, during the next term of said Court of Appeals, the Railroad Company dismissed its appeal. The Railroad Company in the…
2Cases cited9 opinions
- Nolan v. JohnsSupreme Court of Missouri · 1891
- Howell v. Alma Milling Co.Nebraska Supreme Court · 1893
- First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1912
- Ammons v. WhiteheadMississippi Supreme Court · 1856
- Calhoun v. GrayMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Warner v. HowardSupreme Court of Missouri · 1936
- Burrus v. HendricksSupreme Court of Missouri · 1921
- Bell v. Western Surety Co.Missouri Court of Appeals · 2017