Brown v. State
Court of Appeals of Texas
Appeal from the District Court of Limestone. Tried below before the Hon. L. D. Bradley. Appellants were the sureties on the bail bond of one William Duncan, who-was indicted for embezzlement. The bond and the judgment were for the sum of §700. The opinion of this court discloses all matters germane to the rulings.
1Opinion of the Court
Willson, Judge.
I. The rules of law relating to an escrow do not apply to bonds. A bond cannot be delivered to the obligee, or to one of several obligees, as an escrow. (Moss v. Riddle, 5 Cranch, 351; Blume v. Bowman, 2 Ired. L. (N. C.), 338; State v. Chrisman, 2 Ind., 126; Perry v. Patterson, 5 Humph. (Tenn.), 133.) It may be delivered as an escrow to the principal obligor by a surety (Pauling v. The United States, 4 Cranch, 219), but when delivered to the obligee it is absolute and binding from the date of such delivery. In this case the plea of defendants shows that the bond was executed by…
2Cases cited3 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- State ex rel. Barrell v. ChrismanIndiana Supreme Court · 1850