State ex rel. Lancaster v. Jones
Supreme Court of Missouri
Appeal from SI. Louis Court of Appeals. (1) A surety is not liable for a breach which has occurred prior to the execution of the bond. The authorities cited by respondent on this branch of the case do not support him. (2) The sureties on a bond cannot be held liable for a conversion, if the funds converted were never in the hands of the principal after they signed the bond.
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Appeal from SI. Louis Court of Appeals. (1) A surety is not liable for a breach which has occurred prior to the execution of the bond. The authorities cited by respondent on this branch of the case do not support him. (2) The sureties on a bond cannot be held liable for a conversion, if the funds converted were never in the hands of the principal after they signed the bond. (3) It is error as against the surety to apply a credit, earned by the principal after the execution of the bond, in extinguishment of a debt originating prior to the' execution of the bond and for which the surety is not…
1Opinion of the CourtBlack, J.
In 1871, Joseph H. Locke was found to be of unsound mind, and incapable of managing his affairs, and, thereupon, the probate court of St. Louis county appointed Jones guardian of his person and estate. The guardian gave bond as required by law. By order of that court, Jones gave a new bond in April, 1874, with Howard and others as sureties. In 1878 the court ordered the guardian to procure and file another bond, and for failure to comply with that order the court revoked the former appointment, and appointed R. D. Lancaster guardian of the insane person. The deposed guardian failed to make…
2Cases cited10 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Folger v. HeidelSupreme Court of Missouri · 1875
- State ex rel. Thornton v. HosterSupreme Court of Missouri · 1876
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3Cited by24 opinions
- Coleman v. FarrarSupreme Court of Missouri · 1892
- State ex rel. Chatham National Bank v. FinnSupreme Court of Missouri · 1889
- In re Estate of ThomasSupreme Court of Colorado · 1899
- State ex rel. Hickory County v. DavisSupreme Court of Missouri · 1957
- Love, Warren & Monroe Co. v. EnnisWashington Supreme Court · 1917
19 more not listed; retrieve them via the Exa API.