Tittman v. Green
Supreme Court of Missouri
Appeal from St. Louis City Circioit Court. — Hon. Jacob Klein, Judge. (1) Branch,, at the expiration of his term of office as curator, was in default, and his official bond in that capacity was answerable accordingly. When he assumed the duties of the succeeding office of trustee and gave a new bond prospective in terms, the sureties thereon did not become liable for any defaults of the prior term of office.
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Appeal from St. Louis City Circioit Court. — Hon. Jacob Klein, Judge. (1) Branch,, at the expiration of his term of office as curator, was in default, and his official bond in that capacity was answerable accordingly. When he assumed the duties of the succeeding office of trustee and gave a new bond prospective in terms, the sureties thereon did not become liable for any defaults of the prior term of office. Earrar v. United States, 5 Pet. 373; United States v. Boyd, 15 Pet. 187; United States r. Eckford, 4 How. 250 ; Ywian v. Otis, 24 Wis. 518; School District v. McDonald, 39 Iowa,. 564;…
1Opinion of the CourtGantt, P. J.
This is an action ou a bond executed by Joseph W. Branch as principal, and the appellants, James Green and Robert B. Brown, as sureties. The plaintiff sues on this bond as the legal representative of Mrs. Florence E. Garrison, deceased. A trial was had in the circuit court of the city of St. Louis, and on June 22, 1889, judgment was rendered against James Green, the appellant, surety on said bond, for' $21,200.36. A motion for new trial was overruled, and appeal taken to this court.
The petition alleges that Florence Eliza Garrison, nee Crookes, died on December 14, 1885, and that plaintiff,…
2Cases cited16 opinions
- State ex rel. Gable v. CoaleCourt of Appeals of Maryland · 1879
- Gilmer's Adm'r v. Baker's Adm'rWest Virginia Supreme Court · 1884
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Gottsberger v. . TaylorNew York Court of Appeals · 1859
- Myers v. WadeSupreme Court of Virginia · 1828
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3Cited by13 opinions
- Coleman v. FarrarSupreme Court of Missouri · 1892
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1892
- Matter of Estate of WoodrumMissouri Court of Appeals · 1993
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1895
8 more not listed; retrieve them via the Exa API.