Edmonds v. Edmonds
Supreme Court of Iowa
Appeal from Benton, District Court — Hon. James D. Giffen, Judge. Action on a guardian’s bond. There was a verdict and judgment for plaintiff, and the sureties on the bond appeal.
1Opinion of the CourtReed, J.
The penalty of the bond sued on is $4,000, and it was given for the benefit of three wards. The sureties pleaded that an action had been brought on the bond by the present guardian of the other two wards, and that there had been a recovery in that action of $3,546.04. The distinct court sustained a demurrer to the division of the answer in *428which those facts were pleaded. The.position urged by counsel for the appellants is, that as there has already been a recovery on the bond for that amount, and as the sureties cannot be held for any greater amount than the penalty, plaintiff is not in any…
2Cases cited1 opinion
- Hooks v. EvansSupreme Court of Iowa · 1885
3Cited by4 opinions
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921
- Lynch v. BernhardtCourt of Appeals of Texas · 1918
- Southern Surety Co. v. WilliamsSupreme Court of Oklahoma · 1924
- Title Guaranty & Surety Co. v. FosterSupreme Court of Oklahoma · 1921