State v. Medary
Ohio Supreme Court
This is a Writ or Error to the Court of Common Pleas of Franklin county. The original action was Debt. The declaration states that Timothy G. Bates, now deceased, by a joint resolution of the General Assembly, passed March 16, 1839, was appointed a member of the Board of Public Works of Ohio, for the term of four years from April 1, 1839, and on said 1st April, appointed by said Board an Acting Commissioner thereof.
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This is a Writ or Error to the Court of Common Pleas of Franklin county. The original action was Debt. The declaration states that Timothy G. Bates, now deceased, by a joint resolution of the General Assembly, passed March 16, 1839, was appointed a member of the Board of Public Works of Ohio, for the term of four years from April 1, 1839, and on said 1st April, appointed by said Board an Acting Commissioner thereof. That after-wards, on the same 1st April, the defendants and Bates made their joint and several writing obligatory to the plaintiff, in the sum of $30,000, subject to a condition…
1Opinion of the CourtRead, J.
The recital in the condition of the bond is that ga^eg was ¿u]y appointed a member of the Board of Public r . . . and the condition, in substance that he should faithfully discharge the duties of such office, and account for all moneys intrusted to him as such officer. The breach assigned is that he failed to account for moneys which came into his possession as one of the Acting Commissioners of said Board. It is contended that the breach is broader than the condition, and that the declaration seeks to make the sureties liable for a default of their principal not within the letter of the…
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- Tackett v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1923
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