Legal Opinion

State Ex Rel. Winkle Terra Cotta Co. v. United States Fidelity & Guaranty Co.

Supreme Court of Missouri

Decided July 3, 1931PublishedCited by 9 opinions

1Opinion of the Court

This is the second appeal in this case, the former opinion being reported in 322 Mo. 121, 14 S.W.2d 576.

The State of Kansas is a nominal party plaintiff. The real party plaintiff, the Winkle Terra Cotta Company, a corporation, brought this suit on a contractor's bond for the balance due for materials furnished for the construction of a building. Olson Johnson Company, a corporation, was the principal in the bond. The name was later changed to Olson-Magee Company. The defendant, United States Fidelity Guaranty Company, was surety on this bond.

The State of Kansas entered into a contract with…

2Cases cited11 opinions

  1. Hull v. Massachusetts Bonding & InsuranceSupreme Court of Kansas · 1912
  2. Gracey v. City of St. LouisSupreme Court of Missouri · 1909
  3. Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1860
  4. State v. Blanchard Construction Co.Supreme Court of Kansas · 1913
  5. Seibert v. HardenSupreme Court of Missouri · 1928

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Poe v. Illinois Cent. Railroad Co.Supreme Court of Missouri · 1936
  2. Nelson v. BrowningSupreme Court of Missouri · 1965
  3. Carter v. BurnsSupreme Court of Missouri · 1933
  4. State Ex Rel. United Mutual Insurance v. ShainSupreme Court of Missouri · 1942
  5. Toomes v. Continental Oil CompanySupreme Court of Missouri · 1966

4 more not listed; retrieve them via the Exa API.

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