County of Linn ex rel. Linn County v. Farris
Supreme Court of Missouri
Appeal from Linn Circuit Court. When one surety has signed a bond on condition that it shall be signed by another before its delivery no obligation is incurred until the condition shall happen, and it may be delivered to the principal in the bond to remain as an escrow, aa well as to any other person.
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Appeal from Linn Circuit Court. When one surety has signed a bond on condition that it shall be signed by another before its delivery no obligation is incurred until the condition shall happen, and it may be delivered to the principal in the bond to remain as an escrow, aa well as to any other person. (State, ex rel., Moore vs. Sandusky, et al., 46 Mo., 377 ; Pepper vs. State, 22 Ind., N. Y., 399 ; The People vs. Bostwick, 43 Barb., 9 ; see same case 32 445 ; Bagot vs. State, 33 Ind., 262 ; Pawling vs.United States, 4 Cranch., 219 ; Judge Redfield’s note to Seely vs. People, 2, Am. L.Reg., N.…
1Opinion of the Court
Adams, Judge,
delivered tbe opinion of tbe court.
This suit was upon tbe official bond of tbe defendant Hoyle as treasurer of Linn County..
David Beals was sued as one of the sureties and died during tbe progress of tbe suit, and it was revived against the appellants as bis administrators. The administrators set up as a, defense in their answer that their intestate, Beals, at the time he signed the bond, expressly agreed with the principal Hoyle that lie, Hoyle, was to procure the signatures of Dart, Wright, Leavill, Maddox and Good to the bond, and that he was to retain the bond in his hands…
2Cases cited10 opinions
- United States v. LefflerSupreme Court of the United States · 1837
- The People v. . BostwickNew York Court of Appeals · 1865
- Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
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3Cited by7 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- County of King v. FerryWashington Supreme Court · 1893
- Ayres v. MilroySupreme Court of Missouri · 1873
- Sharp v. AllgoodSupreme Court of Alabama · 1893
- J. R. Watkins Co. v. BrundWashington Supreme Court · 1931
2 more not listed; retrieve them via the Exa API.