Lobaugh v. Thompson
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. P. P. "Wright, Judge. The fact that Mrs. Lobaugh was under coverture was no defense to the sureties. 55 Mo. 93 ; 63 Mo. 486 ; Hicks v. Randolph, 3 Baxt. 352; s. c., -27 Am. Rep. 760 ; Unangst v. Fitter, 84 Pa. St. 135. The husband was, by virtue of the bond and order of delivery, deprived of the actual possession of the property, and the' same was wholly lost to him. The sureties, therefore, ought to he held liable.
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Appeal from Henry Circuit Court. — Hon. P. P. "Wright, Judge. The fact that Mrs. Lobaugh was under coverture was no defense to the sureties. 55 Mo. 93 ; 63 Mo. 486 ; Hicks v. Randolph, 3 Baxt. 352; s. c., -27 Am. Rep. 760 ; Unangst v. Fitter, 84 Pa. St. 135. The husband was, by virtue of the bond and order of delivery, deprived of the actual possession of the property, and the' same was wholly lost to him. The sureties, therefore, ought to he held liable. The bond is good as a common law bond. .Barnes v. Webster, 16 Mo. 258; Williams v. Coleman, 49 Mo. 325. It will not be contended that a…
1Opinion of the CourtNorton, J.
This suit wTas instituted in the circuit court of Henry county, against the defendants, to recover damages for the breach of a replevin bond, wrhich defend.ants had executed as the sureties for Rachel Lobaugh, who was not joined in the suit. Defendants, in their .answer, after denying the allegations of the petition, set up as a defense that said Rachel Lobaugh, who was the .principal in the bond, was the wife of plaintiff when the *602said bond was executed, and when the replevin suit was brought; that the replevin suit for that reason was dismissed, and that the said bond was void by reason of…
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