Huntington v. Fisher
Supreme Court of Iowa
Appeal from General Term Tenth District. From the petition we have this case: Plaintiff is the general agent of the “Iowa Central Insurance Co.,” and appointed one Knowles local agent, exacting from him a bond, with surety as required by the rules of the company. , This bond was signed by Knowles and this defendant, as surety, and was conditioned to faithfully account for all funds received belonging to the company, etc., the honest discharge of duties, and in conclusion…
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Appeal from General Term Tenth District. From the petition we have this case: Plaintiff is the general agent of the “Iowa Central Insurance Co.,” and appointed one Knowles local agent, exacting from him a bond, with surety as required by the rules of the company. , This bond was signed by Knowles and this defendant, as surety, and was conditioned to faithfully account for all funds received belonging to the company, etc., the honest discharge of duties, and in conclusion contained this clause: “ This bond is also holden for a horse left with J. Wv Knowles, belonging to J. B. Huntington.” It…
1Opinion of the CourtWright, J.
i. Bomb : requisites of. It is not the office of a bond to show a breach of its conditions. Nor is it essential that it shall recite the terms or conditions upon which a partiCxila,r act is to be performed. Indeed, one may be held as the surety of another upon a written contract, without conditions. And this is apparently the nature of the obligation now in suit. In effect this is the fair construction of the language used. Defendant undertook to stand as the surety of Knowles for the return of a horse left with him by plaintiff. It was not necessary to recite when, where, or upon what…
2Cases cited3 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- State v. AdamsSupreme Court of Iowa · 1866
- Cowing v. SnowMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Sample v. HaleNebraska Supreme Court · 1892
- Townsend v. Cleveland Fire Proofing Co.Indiana Court of Appeals · 1897
- Early v. WhittinghamSupreme Court of Iowa · 1876
- Woman's Christian National Library Ass'n v. FordyceSupreme Court of Arkansas · 1905