Cockrill v. Davie
Montana Supreme Court
Appeal from, Eighth Judicial District, Cascade County. Action on bond. The cause was tried before Benton, J. Plaintiff had judgment below. There is a great diversity of judicial opinion as to whether an action can be maintained against the sureties upon a bond where the principal has failed to sign.
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Appeal from, Eighth Judicial District, Cascade County. Action on bond. The cause was tried before Benton, J. Plaintiff had judgment below. There is a great diversity of judicial opinion as to whether an action can be maintained against the sureties upon a bond where the principal has failed to sign. In the case of Ney v. Orr, 2 Mont. 559, this court held that a bond unsigned by the principal whose name appeared in the body of the instrument as such was an incomplete instrument. The following decisions are to the same effect; Bunn v. Jetmore, 70 Mo. 228; 35 Am. Rep. 425; Sacramento v. Dunlap,…
1Opinion of the CourtHarwood, J.
It appears that plaintiff entered into a contract, evidenced by writing, with defendant Davie, whereby the latter agreed, for a certain consideration to “provide and furnish all material, and do all labor necessary to the erection and completion of a two-story frame dwelling-house” for plaintiff, according to certain plans and specifications, made part of the contract. To guaranty the fulfillment of that contract, a bond was executed by defendants Renner and Cornelius, and *134delivered to plaintiff, in the sum of two thousand five hundred dollars, referring to said contract, and conditioned that…
2Cases cited4 opinions
- Wibaux v. Grinnell Live Stock Co.Montana Supreme Court · 1889
- Woodman v. CalkinsMontana Supreme Court · 1893
- Colburn v. Northern Pacific RailroadMontana Supreme Court · 1893
- Hoskins v. WhiteMontana Supreme Court · 1893
3Cited by11 opinions
- Seaboard Surety Co. v. Standard Accident InsuranceNew York Court of Appeals · 1938
- Pima County v. SnyderArizona Supreme Court · 1896
- Commercial State Bank v. Palmerton-Moore Grain Co.Washington Supreme Court · 1929
- Deer Lodge County v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1910
- Kenck v. ParchenMontana Supreme Court · 1899
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