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STATE v. HAY

No. 47362.

328 S.W.2d 672 (1959)

STATE of Missouri ex rel. Virgil D. MISER, Appellant, v. Curtis F. HAY and the Fidelity and Deposit Company, a Corporation, Respondents.

Supreme Court of Missouri, Division No. 2.

November 9, 1959.

Attorney(s) appearing for the Case

Donald F. Price, Lee D. Seelig, Kansas City, Ewing & Beavers, Maryville, for appellant.

Hale, Coleberd, Kincaid & Waters, Robert E. Coleberd, Arthur Roy Kincaid, Sevier & Turnage, Robert F. Sevier, William E. Turnage, Liberty, for respondent Curtis F. Hay. Stephens & Thackery, Grant City, of counsel.

SAMUEL A. DEW, Special Commissioner.

The plaintiff seeks to recover $10,000 in this action for personal injuries sustained while in the custody of defendant Hay as sheriff of Clay County, Missouri. The defendant Fidelity and Deposit Company is joined as surety on defendant Hay's official bond. The verdict of the jury was in defendants' favor. Judgment was entered accordingly, from which plaintiff has appealed.

In Count I of his petition plaintiff alleges breach...

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