North St. Louis Building & Loan Ass'n v. Obert
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. Where the duration of the office of the principal is recited in the bond, though 'the words in the condition are general as to time, the surety is not liable for defaults of the principal occurring after the expiration of the term recited. Arlington v. Merrieke, 2 Saund. 411; Water.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. Where the duration of the office of the principal is recited in the bond, though 'the words in the condition are general as to time, the surety is not liable for defaults of the principal occurring after the expiration of the term recited. Arlington v. Merrieke, 2 Saund. 411; Water. Works Co. v. Atkinson, 6 East 507; Moss v. State, 10 Mo. 338. And the same is true where it is fixed by law, although not referred to in the bond. Warden of St. Savior’s v. Bostock, 5 B. & P. 175; Peppin v. Cooper, 2 Barn. & Aid. 431. Where…
1Opinion of the Court
YALLIANT, L.
— Plaintiff is incorporated as a building and loan association under the laws of this State. Defendant Obert was the secretary of the plaintiff corporation; the Fidelity and Deposit Company of Maryland, a corporation, was the surety on the secretary’s bonds. The petition is in two counts. The first is on a bond for $5,000 penalty, dated October 28, 1895, payable to the plaintiff, signed by defendants, conditioned for the faithful performance of his duties by Secretary Obert. There are assigned for breaches of the condition of this bond, nine acts of defendant Obert, each of which…
2Cases cited5 opinions
- State ex rel. Steel v. PhillipsSupreme Court of Missouri · 1897
- Bunn v. JetmoreSupreme Court of Missouri · 1879
- Lionberger v. KriegerSupreme Court of Missouri · 1885
- Ferguson v. DavidsonSupreme Court of Missouri · 1899
- State v. WilcoxSupreme Court of Missouri · 1875
3Cited by27 opinions
- Rule v. AndersonMissouri Court of Appeals · 1911
- Standard Surety & Casualty Co. of New York v. BakerCourt of Appeals for the Eighth Circuit · 1939
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- National Corporation v. AllanMissouri Court of Appeals · 1955
- Waddle v. WilsonCourt of Appeals of Kentucky · 1915
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