Seely v. People
Illinois Supreme Court
This was an agreed case, showing that suit was instituted upon the office bond of Lewis W. Leick, master in chancery of Greene county, against Anthony S. Seely, one of the securities thereon, in the name of the People, who sue for the use of Alfred W. Neece, guardian' of Jesse H. Neece and Pemnah Jane Neece. Said bond is payable to the People of the State of Illinois, and conditioned for the faithful discharge of the duties of the office of master in chancery.
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This was an agreed case, showing that suit was instituted upon the office bond of Lewis W. Leick, master in chancery of Greene county, against Anthony S. Seely, one of the securities thereon, in the name of the People, who sue for the use of Alfred W. Neece, guardian' of Jesse H. Neece and Pemnah Jane Neece. Said bond is payable to the People of the State of Illinois, and conditioned for the faithful discharge of the duties of the office of master in chancery. The general issue was filed and stipulation thereon, authorizing all proper evidence to be offered thereunder, as though properly…
1Opinion of the CourtCaton, C. J.
This action was on the office bond of a master in chancery, against one of the sureties, whose name appears to the bond. The bond is joint and several. The facts relied upon in defense are these: In the body of the bond are three sureties named—first, Heaton; second, Seely, the defendant; and third, Morrow. When presented to the defendant for his signature, the name of Heaton appeared signed to the bond as a surety; and the defendant, supposing it to have been executed in fact by Heaton, signed his name to the bond as a co-surety with Heaton. It turns out that the name of Heaton to the bond…
2Cited by11 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Helms v. Wayne Agricultural Co.Indiana Supreme Court · 1881
- State Ex Rel . Barnes v. . LewisSupreme Court of North Carolina · 1875
- Stern v. PeopleIllinois Supreme Court · 1882
- Stoner v. MillikinIllinois Supreme Court · 1877
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