Bigelow v. Comegys
Ohio Supreme Court
Petition in error to reverse the judgment of the Superior Court of Cincinnati. The original proceeding was a suit on a replevin bond, signed by the plaintiff in error as surety for Joseph C. Rich, and given in a certain action of replevin which had been instituted in the common pleas of Hamilton county by said Rich, against Cornelius G. "W. Comegys and William Comegys, and in which action judgment had been rendered for the defendants.
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Petition in error to reverse the judgment of the Superior Court of Cincinnati. The original proceeding was a suit on a replevin bond, signed by the plaintiff in error as surety for Joseph C. Rich, and given in a certain action of replevin which had been instituted in the common pleas of Hamilton county by said Rich, against Cornelius G. "W. Comegys and William Comegys, and in which action judgment had been rendered for the defendants. The name of Solomon Eversull appeared on the replevin bond as co-surety with the plaintiff in error; but on the trial in the superior court, it was proven and…
1Opinion of the CourtBartley, J.
A replevin bond which the statute, in force at the time, required to be given with two or more sureties, is not void because actually signed and delivered by one surety only.
The obligor of a bond cannot avoid his liability, by showing that he was induced to execute the bond by the fraud of one of his coobligors, in which the obligee had no participation whatever, upon the settled rule that where one of two persons must suffer loss by the fraud or misconduct of a third person, he who first reposes the confidence and commits the first oversight, must bear the loss.
Judgment of the court helow…
2Cited by12 opinions
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