Trustees of the Richardson School Fund in Attleborough v. Dean
Massachusetts Supreme Judicial Court
Contract on a bond executed and delivered to the plaintiff corporation, on February 23, 1874, by Horatio N. Richardson as principal, and the defendants as sureties, and containing the following condition: “ The condition of this obligation is such, that if the said Horatio N. Richardson, who is elected treasurer of said Trustees of the Richardson School Fund in Attleborough, shall account for the funds of said corporation which are deposited in his hands and keeping, and…
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Contract on a bond executed and delivered to the plaintiff corporation, on February 23, 1874, by Horatio N. Richardson as principal, and the defendants as sureties, and containing the following condition: “ The condition of this obligation is such, that if the said Horatio N. Richardson, who is elected treasurer of said Trustees of the Richardson School Fund in Attleborough, shall account for the funds of said corporation which are deposited in his hands and keeping, and which come to his hands and possession, as such treasurer, and pay over the same to his successor in said office, and shall…
1Opinion of the CourtMorton, J.
There are many cases in this Commonwealth in which questions in regard to the liability of sureties upon official bonds have arisen. It is held that, when the tenure of the office is for a year or any fixed period of time, the sureties upon the bond given for the faithful performance by the incumbent of the duties of the office, are not liable for any defaults of the principal occurring under a new appointment after the year or other fixed period has expired, unless the bond contains stipulations that the sureties shall be liable during any successive terms of office to which the principal…
2Cases cited5 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Bigelow v. BridgeMassachusetts Supreme Judicial Court · 1811
- Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1880
- City of Cambridge v. FifieldMassachusetts Supreme Judicial Court · 1879
- The President, Directors, & Co. v. ReedMassachusetts Supreme Judicial Court · 1812
3Cited by13 opinions
- First National Bank v. BriggsSupreme Court of Vermont · 1894
- Ida County Savings Bank v. SeidenstickerSupreme Court of Iowa · 1905
- Logan v. Mayor & Aldermen of LawrenceMassachusetts Supreme Judicial Court · 1909
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1900
- Mayor of Newark v. StoutSupreme Court of New Jersey · 1889
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