City of Deering v. Moore
Supreme Judicial Court of Maine
Agreed statement. It appeared from the facts stated by the parties, that this was a suit on two bonds, of a collector of taxes for the town of Deering, one for the year 1884, one for 1885, the last named one not having been signed by the principal.
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Agreed statement. It appeared from the facts stated by the parties, that this was a suit on two bonds, of a collector of taxes for the town of Deering, one for the year 1884, one for 1885, the last named one not having been signed by the principal. The penal sum was 830,000, and each surety bound himself severally in the sum of $5000. It was agreed that defendant is liable on the first bond, that of 1884, to the amount of $82.00. And that if this is the only liability in this suit, costs are to be taxed for each party as though an offer to be defaulted for this amount had been filed on the…
1Opinion of the CourtHaskell, J.
Debt by an obligee against a surety upon two bonds, given by a collector of taxes for the years, 1884 and 1885, respectively. The last bond was not signed by the principal. Each surety bound himself severally, and not jointly, in the sum of $5000. The obligee received from two sureties a sum of money, "in full discharge from liability upon each bond.” Two questions are presented :
I. Did the failure of the principal to sign the last bond render it void? We think not. The bond was conditioned that the principal should faithfully perform official duty. This he was bound by law to do, just as…
2Cases cited1 opinion
- Goodyear Dental Vulcanite Co. v. BaconMassachusetts Supreme Judicial Court · 1889
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- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- United States Fidelity & Guaranty Co. v. HaggartCourt of Appeals for the Eighth Circuit · 1908
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
- Onida Independent School Dist. No. 1 v. GrothSouth Dakota Supreme Court · 1928
- Johnson v. GrayNew Mexico Supreme Court · 1966
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