State ex rel. Pinkley v. Yount
Missouri Court of Appeals
Appeal from New Madrid County Circuit Court. — Hon. Frank Kelly, Judge. (1) The appellants as accommondation sureties are facorites of the law and have a right to stand upon the strict terms of their obligation. State v. Thomas, 19 Mo. 616; Douglass v. Reynolds, 7 Peter (U. S.) 113; Brant on Suretyship and Guaranty, sec. 79. (2) The statute was not designed to give damages beyond the natural and approximate damages resulting from the running of the attachment.
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Appeal from New Madrid County Circuit Court. — Hon. Frank Kelly, Judge. (1) The appellants as accommondation sureties are facorites of the law and have a right to stand upon the strict terms of their obligation. State v. Thomas, 19 Mo. 616; Douglass v. Reynolds, 7 Peter (U. S.) 113; Brant on Suretyship and Guaranty, sec. 79. (2) The statute was not designed to give damages beyond the natural and approximate damages resulting from the running of the attachment. This is the language of the Supreme Court in a direct construction of the statute. State ex rel. v. Thomas, 19 Mo. 613; State ex rel.…
1Opinion of the CourtFarrington, J.
— This is a suit on an attachment bond in which the relator T. 0. Pinkley recovered a judgment for $916.30. The verdict of the jury was as follows:
“We the jury find the issues for the plaintiff, relator, and assess his damages as follows:
Plaintiff’s expenses traveling and hotel bill. .$ 85.30
Plaintiff’s loss of time.......’............... 60.00
For taking depositions ..................... 21.00
For attorney fees for defending attachment.. 750.00
And find the total amount of plaintiff’s damages to be $916.30.”
Judgment thereon was rendered and defendant appealed.
A suit was begun by Bessie Yount…
2Cases cited10 opinions
- State ex rel. Roe v. ThomasSupreme Court of Missouri · 1854
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- State ex rel. Hayden v. McHaleMissouri Court of Appeals · 1885
- State ex rel. Rigby v. GoodhueMissouri Court of Appeals · 1898
- State v. ShobeMissouri Court of Appeals · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Vigil v. JohnsonNew Mexico Supreme Court · 1955
- Moseley v. Fidelity & Deposit Co.Idaho Supreme Court · 1920
- St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
- Allith-Prouty Co. v. WallaceWyoming Supreme Court · 1926
- Guinta v. Jack Daniels Distilling Co.Missouri Court of Appeals · 1922
1 more not listed; retrieve them via the Exa API.