Legal Opinion

Trustees of Schools v. Otis

Illinois Supreme Court

Decided January 15, 1877PublishedCited by 6 opinions

Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This bill was filed in the McLean county circuit court, hy the trustees of schools of township 24 north, range 2 east, 3d principal meridian, against Albert L. Otis and his sureties, to so reform his official bond, as treasurer of that township, that his sureties might be liable for the default of the treasurer.

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Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This bill was filed in the McLean county circuit court, hy the trustees of schools of township 24 north, range 2 east, 3d principal meridian, against Albert L. Otis and his sureties, to so reform his official bond, as treasurer of that township, that his sureties might be liable for the default of the treasurer. As written, the bond is made to “ the hoard of trustees in said county,” in the penal sum of $25,000, and bound Otis, as treasurer of township 24 north, range 3 east, in said county, to…

1Opinion of the CourtJustice Scott

Whether a court of chancery will assume jurisdiction to reform an official or other bond against sureties, is a question upon which the authorities are not harmonious. The point has never been directly decided by this court, but on first impression we are inclined to adopt the doctrine of those cases that declare, the extent of the obligation of a surety is to be determined by the agreement he actually signs, and that it can not be varied, changed or enlarged by any decree of court, as founded on the better reasoning, and more fully sustained by authority. One reason that lies at the…

2Cases cited3 opinions

  1. Clarkson v. De PeysterNew York Court of Chancery · 1831
  2. Ontario Bank v. MumfordNew York Court of Chancery · 1848
  3. Arter v. Cairo Democrat Co.Illinois Supreme Court · 1874

3Cited by6 opinions

  1. LE Myers Co. v. Harbor Insurance Co.Appellate Court of Illinois · 1978
  2. O'Connell v. LambAppellate Court of Illinois · 1895
  3. Henkleman v. PetersonIllinois Supreme Court · 1895
  4. North Chicago Street Railroad v. AckleyAppellate Court of Illinois · 1895
  5. Frey v. SchaabAppellate Court of Illinois · 1942

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