State ex rel. Barringer v. Hawkins
Missouri Court of Appeals
Appeal from Nodaway Circuit Court.- — How. Samuel Davis, Special Judge. (1) This action being upon a notary’s bond against the sureties alone, is barred by the statute (R. S. 1899, sec. 8836), which provides that" no suit shall be instituted against any such notary or his sureties more than three years after such cause of action accrued. (2) The cause of action accrued when the wrong was done, viz., October 24, 1899. State ex rel. v. Stonestreet, 92 Mo.
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Appeal from Nodaway Circuit Court.- — How. Samuel Davis, Special Judge. (1) This action being upon a notary’s bond against the sureties alone, is barred by the statute (R. S. 1899, sec. 8836), which provides that" no suit shall be instituted against any such notary or his sureties more than three years after such cause of action accrued. (2) The cause of action accrued when the wrong was done, viz., October 24, 1899. State ex rel. v. Stonestreet, 92 Mo. App. 214. And the fraud of the principal would not postpone the running of the statute. Bartlett v. Bullene, 23 Kan. 606; 16 Ency. Law (1…
1Opinion of the CourtEllison, J.
— The defendants are sureties on the official bond of W. H. Hawkins, a notary public of Nod-away county, and plaintiff brought this action against them for the malfeasance of Hawkins in falsely certifying that he had taken the acknowledgment to a certain deed of trust (which he had forged) to secure the payment of a note of $1,000 to the plaintiff. The judgment in the trial court was for plaintiff.
The defense of the surety defendants is that the statute governing notaries and their duties prescribes that no suit shall be instituted against a notary or his sureties more than three years after…
2Cases cited4 opinions
- Shelby County v. BraggSupreme Court of Missouri · 1896
- Bradford v. McCormickSupreme Court of Iowa · 1887
- Revelle v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- State ex rel. Winburn v. MinorSupreme Court of Missouri · 1869
3Cited by18 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- State ex rel. Matter v. John Ogden & American Surety Co.Missouri Court of Appeals · 1915
- Griffith v. State of ArizonaArizona Supreme Court · 1933
- Kauchick v. WilliamsSupreme Court of Missouri · 1968
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