Stoner v. Keith County
Nebraska Supreme Court
Ekrob, from the district court of Keith county. Tried below before Neville, J. The facts and issues are stated in the opinion. The evidence should have been passed upon by the jury, and it was error to direct a verdict for plaintiff.
Read the full summary
Ekrob, from the district court of Keith county. Tried below before Neville, J. The facts and issues are stated in the opinion. The evidence should have been passed upon by the jury, and it was error to direct a verdict for plaintiff. (Grant v. Gropsey, 8 Neb., 205; Eaton v. Garruth, 11 Neb., 231; Johnson v. Missouri P. R. Go., 18 Neb., 690; Houck, v. Gue, 30 Neb., 113.) A material change in a contract without the consent of the surety will release him, though the change may be a benefit to him. (Brandt, Suretyship & Guaranty, secs. 332, 335, 338; 2 Parsons, Notes & Bills [2d ed.], 557; Weir…
1Opinion of the CourtHarrison, J.
At the general election held in Keith county, November 8, 1887, Samuel A. Stoner was elected to the office of treasurer for the term commencing January, 1888, and terminating January, 1890. He presented to the county commissioners his official bond, signed by himself as principal and by H. L. McWilliams, H. L. Goold, J. M. Houghton, W. H. Wood, and O. T. Carlson as sureties, which was duly approved, and the officer elected took possession of and assumed the duties of the office. On this bond there appears the following:
“Signed as additional surety, Sept. 11, 1888.
“George Beybrle.
“T. A.…
2Cases cited12 opinions
- Paola & Fall River Railway Co. v. Comm'rs of Anderson CountySupreme Court of Kansas · 1876
- State ex rel. Board of Commissioners v. SilverNebraska Supreme Court · 1879
- Bayha v. County of WebsterNebraska Supreme Court · 1885
- United States v. StoneSupreme Court of the United States · 1882
- Heppe v. JohnsonCalifornia Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
- Board of Education v. RobinsonSupreme Court of Minnesota · 1900
- Blaco v. StateNebraska Supreme Court · 1899
- Holt County v. ScottNebraska Supreme Court · 1897
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
6 more not listed; retrieve them via the Exa API.