CITY OF SPRINGFIELD v. BROWN

No. 45012.

289 S.W.2d 48 (1956)

CITY OF SPRINGFIELD, a Municipal Corporation, Appellant, v. Charles Ray BROWN and the American Bonding Company of Baltimore, Respondents.

Supreme Court of Missouri. Division No. 1.

April 9, 1956.


Attorney(s) appearing for the Case

Gerald W. Gleason, City Atty., Springfield, for appellant.

Frank C. Mann, Mann, Mann, Walter & Powell, Springfield, E. H. McCoy, Kansas City, for respondent, American Bonding Co.


HOLMAN, Commissioner.

In this action plaintiff sought to recover the full penalty of $10,000 specified in the official bond given by Charles Ray Brown, as principal, with the American Bonding Company of Baltimore, as surety. The defendants filed separate but identical motions to dismiss which were sustained by the trial court. From the judgment dismissing the cause plaintiff has duly appealed.

At the time of the occurrence of the events hereafter related the...

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