Sacra v. Hudson
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit against appellants, Sacra as principal, and the other defendants as his securities on guardianes bond, for a sum alleged to be due them from said Sacra as their guardian. Judgment was rendered May 12, 1882, for the sum of $817.44, in favor of appellees against all the appellants, holding the bond good as a statutory bond.
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Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit against appellants, Sacra as principal, and the other defendants as his securities on guardianes bond, for a sum alleged to be due them from said Sacra as their guardian. Judgment was rendered May 12, 1882, for the sum of $817.44, in favor of appellees against all the appellants, holding the bond good as a statutory bond. The part of the bond claimed to be defective was as follows, to wit: “ Know ye, that E. Sacra as principal, and’J. 0. Richards and Tom Richards as sureties, are held and firmly bound unto--, of the county…
1Opinion of the Court
West, Associate Justice.—
We are of the opinion that the omission of the name of any payee or obligee whatever, from the bond in question, is a fatal objection.
The statute in force when the bond in question was executed (1 Pasch. Dig., art. 3895) prescribed its requisites. Among others, it was required that there should be a person in whose favor the bond should be executed, and who should be named officially in the bond as the person with whom the obligee and his bondsmen contracted. Such a person is as essential a party to a bond as a payee to a promissory note, or as a drawee or acceptor to…
2Cases cited1 opinion
- Rose v. WinnTexas Supreme Court · 1879
3Cited by7 opinions
- Citizens' Nat. Bank of Godley v. PollardCourt of Appeals of Texas · 1930
- State v. VinsonCourt of Appeals of Texas · 1893
- Scott v. United States Fidelity & Guaranty Co.Court of Appeals of Texas · 1953
- Brown v. StumpffCourt of Appeals of Texas · 1938
- Tidball v. YoungNebraska Supreme Court · 1899
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