Seely's Adm'r v. Beck
Supreme Court of Missouri
Error to Fourth District Court. I. On principles of equity, independent of contract, the appellant, although ostensibly a surety for Warfield, was, as between himself and the other sureties, a principal, so far as the administration of the Beck estate was concerned. Whether a party to an obligation is a mere surety or a principal, depends upon the question whether such obligation was made for his benefit.
Read the full summary
Error to Fourth District Court. I. On principles of equity, independent of contract, the appellant, although ostensibly a surety for Warfield, was, as between himself and the other sureties, a principal, so far as the administration of the Beck estate was concerned. Whether a party to an obligation is a mere surety or a principal, depends upon the question whether such obligation was made for his benefit. In this case, the two official bonds were made for the joint benefit of the appellant and Warfield. They were made expressly for the purpose of administering the Beck estate, and in order…
1Opinion of the Court
Wasner, Judge,
delivered the opinion of the court. ■
This was an action in the nature of a bill in equity, brought by the plaintiff as administrator of Seely, to recover a sum of money alleged to have been paid by Seely as surety for the defendant.
It seems that Elisha N. Warfield, who was public administrator of Cooper county, administered on the estates of Preston Beck, Jr., and J. J. Beck ; that the defendant was entitled by law to administer on said estates, but that he voluntarily waived that right and agreed to let Warfield take charge of the same. The Probate Court of Cooper county…
2Cases cited3 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Higgins v. DellingerSupreme Court of Missouri · 1856
- McCune v. BeltSupreme Court of Missouri · 1866
3Cited by3 opinions
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Reynolds v. SchadeMissouri Court of Appeals · 1908
- McClure v. JohnsonSupreme Court of Oklahoma · 1901