Moore v. Title Guaranty & Trust Co.
| Decision Date | 03 October 1910 |
| Citation | 151 Mo. App. 256,131 S.W. 477 |
| Parties | MOORE v. TITLE GUARANTY & TRUST CO. OF SCRANTON, PA. |
| Court | Missouri Court of Appeals |
Plaintiff's intestate obtained a judgment for damages, from which an appeal was taken to the Supreme Court and an appeal bond given, with the defendant as surety, conditioned for the prosecution of the appeal to a decision in the Supreme Court and for the performance of such judgment as should be given by that court or such as that court might direct the circuit court to give, and if the judgment should be affirmed, and the appellants should comply therewith and pay all damages and costs awarded against them by the Supreme Court, the obligation to be void. On motion of plaintiff's intestate, the Supreme Court transferred the cause to the Kansas City Court of Appeals on jurisdictional grounds, where the judgment was affirmed, and plaintiff, as administrator, brought suit on the appeal bond to recover the amount of the judgment. Held, that the conditions of the bond did not extend the liability of the surety to include a judgment rendered by any other appellate court than the Supreme Court.
2. PRINCIPAL AND SURETY (§ 59)—LIABILITY OF SURETY.
A surety has the right to stand on the letter of his bond, and his obligation will not be enlarged by implication.
3. PRINCIPAL AND SURETY (§ 59)—CONSTRUCTION.
While the strict construction of a contract of a surety should be to some extent relaxed in a judicial inspection of bonds executed by surety companies, the express limits placed by such contracts on the obligation of the surety must be respected.
Appeal from Circuit Court, Jackson County; Jas. E. Goodrich, Judge.
Action by Charles H. Moore, administrator, against the Title Guaranty & Trust Company of Scranton, Pennsylvania. Judgment for defendant, and plaintiff appeals. Affirmed.
Boyle, Guthrie, Howell & Smith, for appellant. Lowe, Woodson & Shannon, for respondent.
This is a suit on an appeal bond. Defendant demurred to the petition on the ground that it failed to state facts constituting a cause of action. The demurrer was sustained, plaintiff elected to stand on the petition, judgment was rendered for defendant, and plaintiff appealed.
Material facts alleged in the petition are as follows: John McGraw brought suit in the circuit court of Jackson county to recover damages laid at $12,000, sustained by him on account of the conversion of some cattle by defendants. In addition to an answer, defendants filed a counterclaim. A trial to a jury resulted in a verdict for McGraw for $11,472.81 on his cause of action and for the defendants for $7,643 on their counterclaim. McGraw filed a remittitur of $1,500, and judgment was rendered for...
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