Moulding v. Wilhartz
Appellate Court of Illinois
Claim in Probate.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding.
1Opinion of the CourtJustice Waterman
We do not understand that the truth of the matters set forth in the statement of the claimant is disputed, save the concluding statement as to there being due, etc.
It is urged by the appellant that the defalcation of Jay J. Bead occurred prior to the execution of the bond in question, and that therefore the sureties upon said bond are not liable.
Bot only the recitals in the bond, but the condition thereof, plainly show that the bond was intended to be security for all moneys and property which then was in possession of the assignee, or might come into his possession, and that the assignee,…
2Cases cited12 opinions
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- People v. SeelyeIllinois Supreme Court · 1892
- Decker v. . JudsonNew York Court of Appeals · 1857
- Gillett v. WileyIllinois Supreme Court · 1888
- Weer v. GandIllinois Supreme Court · 1878
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3Cited by1 opinion
- Moulding v. WilhartzIllinois Supreme Court · 1897