State ex rel. Matter v. John Ogden & American Surety Co.
Missouri Court of Appeals
Appeal from ITenry Circuit Court. — Eon. G. A. Galvird, Judge. (1) While the ordinary surety or guarantor is the favorite of the law, and his contract is construed liberally in Ms favor, yet corporations whose business it is to issue contracts of guaranty and indemnity are to be classed as insurers, and their contracts must be interpreted by tbe principles and rules applicable to policies of insurance. Eoark v. Trust & Safe Deposit Co., 130 Mo. App. 401; Long Bros.
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Appeal from ITenry Circuit Court. — Eon. G. A. Galvird, Judge. (1) While the ordinary surety or guarantor is the favorite of the law, and his contract is construed liberally in Ms favor, yet corporations whose business it is to issue contracts of guaranty and indemnity are to be classed as insurers, and their contracts must be interpreted by tbe principles and rules applicable to policies of insurance. Eoark v. Trust & Safe Deposit Co., 130 Mo. App. 401; Long Bros. Grocery Co. v. U. S. ■Fidelity & Guaranty Co., 130 Mo. App. 421. (2) Tbe law makes a notary’s certificate evidence of tbe fact…
1Opinion of the CourtTrimble, J.
This action is upon the official bond of the defendant, John Ogden, who, as a notary public, certified a fraudulent acknowledgment to a deed of trust forged by him. His co-defendant, the American Surety Company is the surety on said bond.
Relator is a German, fifty-six years of age without business training or experience except in farming, and resides on his farm not far from the town of Deepwater in Henry county, Missouri. The said John Ogden, at the time of the certificate of which relator complains, was, and for some years prior thereto had been, a leading and respected citizen in said…
2Cases cited14 opinions
- People ex rel. Munson v. BartelsIllinois Supreme Court · 1891
- Hatton v. HolmesCalifornia Supreme Court · 1893
- Joost v. CraigCalifornia Supreme Court · 1901
- Long Bros. Grocery Co. v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1908
- People ex rel. Doran v. ButlerMichigan Supreme Court · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Figuers v. FlyTennessee Supreme Court · 1916
- Fogleman v. National Surety Co.Supreme Court of Alabama · 1931
- State ex rel. Elberta Peach & Land Co. v. Chicago Bonding & Surety Co.Supreme Court of Missouri · 1919
- United States Fid. & Guar. Co. v. State Ex Rel. WardMississippi Supreme Court · 1951
- Governor of Wisconsin ex rel. Mlekus v. Maryland Casualty Co.Wisconsin Supreme Court · 1927
16 more not listed; retrieve them via the Exa API.