Garvey v. Marks
Supreme Court of Missouri
Appeal from Jackson Circuit Court■ — O. O. Tichebob, Esq., Special Judge. (1) A bond may be placed in the hands of the beneficiary or obligee to become operative only upon the performance of a condition precedent and if the condition is not performed there is no delivery.
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Appeal from Jackson Circuit Court■ — O. O. Tichebob, Esq., Special Judge. (1) A bond may be placed in the hands of the beneficiary or obligee to become operative only upon the performance of a condition precedent and if the condition is not performed there is no delivery. Jordan v. Davis, 108 Ill. 836; Lovet v. Brown, 8 Wend. 380; Rhodes v. School District, 30 Me. 110; Fair bank v. Metcalf 8 Mass. 230; Cutter v. Whitmore, 10 Mo. 442, (2) If defendants signed because of a promise that Queal would also sign and he did not do so, this amounted to a failure of consideration, for it was upon the…
1Opinion of the CourtBrace, P. J.
On the first day of November, 1888, the defendant, John P. Marks, as principal, andHarry B. Earley and Lawrence A. Parley as sureties, entered into a penal bond in the sum of $5,000 to the plaintiff, containing among others the following conditions, to-wit: “Whereas said James W. G-arvey has heretofore indorsed * * * two notes executed by said John P. Marks, for one thousand dollars each, now held by the Commercial Bank of Kansas City, Missouri * * * Now if the said John P. Marks shall save harmless the said James W. G-arvey from any damage, loss or injury * * *' by reason of said…
2Cases cited3 opinions
- The People v. . BostwickNew York Court of Appeals · 1865
- Lovett v. AdamsNew York Supreme Court · 1829
- Ayres v. MilroySupreme Court of Missouri · 1873
3Cited by9 opinions
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Hurt v. FordSupreme Court of Missouri · 1898
- DeLassus v. FahertySupreme Court of Missouri · 1901
- Hall v. M. B. O'Reilly Realty & Investment Co.Supreme Court of Missouri · 1924
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