Lionberger v. Krieger
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The plaintiff in this case has the same rights, and no other, as the Broadway Savings Bank. Harris «. Babitl, 4 Bill. 185. The fact that Krieger was not a director and had not been appointed to the office of cashier, was well known to the president and directors of said bank, when the bond was executed by defend: ants as sureties.
Read the full summary
Appeal from St. Louis Court of Appeals. (1) The plaintiff in this case has the same rights, and no other, as the Broadway Savings Bank. Harris «. Babitl, 4 Bill. 185. The fact that Krieger was not a director and had not been appointed to the office of cashier, was well known to the president and directors of said bank, when the bond was executed by defend: ants as sureties. (2) The defendants are not estopped to deny the recital in the bond that Krieger had been appointed cashier by the board of directors. Brandt on Suretyship, 42; Hudson v. Inhabitants, etc., 35 N. J. 437; Thomas v. Burrows,…
1Opinion of the CourtBlack, J.
This is a suit upon the bond of the cashier of the banking corporation of which the plaintiF is the assignee, under the laws of this state relating to voluntary assignments. The bond is dated February 13, 1869, and is in the penal sum of twenty thousand dollars. It is conditioned as follows :
' “Now, if the said J. Philip Krieger, Jr., shall well and truly and faithfully perform the duties of cashier of said bank, for and during all the time he shall hold such office of cashier of said bank, and for and during all the time he may continue or act as such cashier of said bank, whether under the…
2Cases cited6 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Williamson v. WoolfSupreme Court of Alabama · 1861
- Strawbridge v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1859
- Jones v. Gallatin CountyCourt of Appeals of Kentucky · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- North St. Louis Building & Loan Ass'n v. ObertSupreme Court of Missouri · 1902
- Springfield Lighting Co. v. HobartMissouri Court of Appeals · 1902
- State ex rel. Hobart v. SmithSupreme Court of Missouri · 1903
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
7 more not listed; retrieve them via the Exa API.