Bunn v. Jetmore
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. F. P. Wright, Judge. When Hazleton delivered the written instrument to the township board, in the body of which was written, “ We, Perry R. Hazleton, principal, &c., sureties, jointly and severally agree to pay,” &c., and commenced to perform the duties of constable, this was a sufficient signing of the instrument without it being subscribed by him. 3 Parsons on Contr., (5 Ed.) 5, 8; Bishop on Contr., p. 58, § 167 ; Coddington v.…
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Appeal from Johnson Circuit Court. — Hon. F. P. Wright, Judge. When Hazleton delivered the written instrument to the township board, in the body of which was written, “ We, Perry R. Hazleton, principal, &c., sureties, jointly and severally agree to pay,” &c., and commenced to perform the duties of constable, this was a sufficient signing of the instrument without it being subscribed by him. 3 Parsons on Contr., (5 Ed.) 5, 8; Bishop on Contr., p. 58, § 167 ; Coddington v. Goddard, 16 Gray 436, 444. The principal never having executed the bond, it is void and imposes no obligation on the…
1Opinion of the Court
Norton, J. —
This is a proceeding to recover of defend*229ant as security of Perry R. Hazleton, constable of Hazle Hill township, Johnson county, the sum of $50.15, money alleged to have been collected by said constable and not paid over to the party entitled to receive it. The suit is founded on the following instrument of writing, viz; “ Whereas, the undersigned, Perry R. Hazleton, was, on the 13th day of September, 1874, duly appointed to the office of constable of Hazle Hill township, in the county of Johnson and State of Missouri, and has accepted and is about to enter upon the duties…
2Cases cited1 opinion
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
3Cited by18 opinions
- State v. HillNebraska Supreme Court · 1896
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Rule v. AndersonMissouri Court of Appeals · 1911
- Trustees of Schools v. SheikIllinois Supreme Court · 1886
- Gay v. MurphySupreme Court of Missouri · 1896
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