State ex rel. Lancaster v. Jones
Supreme Court of Missouri
Appeal from SI. Louis Court of Appeals. (1) A surety is not liable for a breach which has occurred prior to the execution of the bond. The authorities cited by respondent on this branch of the case do not support him. (2) The sureties on a bond cannot be held liable for a conversion, if the funds converted were never in the hands of the principal after they signed the bond.
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Appeal from SI. Louis Court of Appeals. (1) A surety is not liable for a breach which has occurred prior to the execution of the bond. The authorities cited by respondent on this branch of the case do not support him. (2) The sureties on a bond cannot be held liable for a conversion, if the funds converted were never in the hands of the principal after they signed the bond. (3) It is error as against the surety to apply a credit, earned by the principal after the execution of the bond, in extinguishment of a debt originating prior to the' execution of the bond and for which the surety is not…
1Dissent
Sherwood, J.,
Dissenting. — I do not concur in one point of the foregoing opinion. It has always been my understanding of the matter, that probate courts were creatures of the statute, and could do nothing except where the statute gave power so to do; and even where they have jurisdiction to act, such jurisdiction *482must be exercised in the manner prescribed by law, and not otherwise, and that such courts take nothing by implication. Powers v. Blakey’s Adm'r, 16 Mo. 437; Lake v. Meier, 42 Mo. 389; Coil v. Pitman’s Adm’r, 46 Mo. 51; Kelley Prob. Guide, sec. 123; Baldwin v. Whitcomb, 71 Mo. 651;…
2Cases cited8 opinions
- Riggs v. . CraggNew York Court of Appeals · 1882
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- Evans v. SnyderSupreme Court of Missouri · 1877
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
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