Portage County Mutual Insurance v. Wetmore
Ohio Supreme Court
This is a Writ or Error to the Court of Common Pleas of Summit County. The action below was debt, brought against the defendants as sureties on an official bond. The principal obligor is dead, and the defendants are sued as survivors as well as sureties. During the progress of the cause, in the Court below, the declaration was several times amended. As last amended, it contains five special and the general counts, and is the only one now brought to the notice of the Court.
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This is a Writ or Error to the Court of Common Pleas of Summit County. The action below was debt, brought against the defendants as sureties on an official bond. The principal obligor is dead, and the defendants are sued as survivors as well as sureties. During the progress of the cause, in the Court below, the declaration was several times amended. As last amended, it contains five special and the general counts, and is the only one now brought to the notice of the Court. All of the special counts are predicated on a bond, made on the 18th day of October, 1838, by the defendants and one…
1Opinion of the CourtRead, J.
It is claimed that the sureties to the bond in ques-ti°n are not liable, because the condition provides that Wet-shall discharge the duties of said office agreeably to the regulations, requirements and restrictions of the act incorporating said Corporation, when said act prescribes no regulations, requirements or restrictions, relating to the duties of Treasurer; and hence that it is impossible to assign a breach upon such a condition. The breach is, that the said Wetmore failed to pay over money which he received as Treasurer. The by-laws of the Company prescribe it as the duty of the…
2Cited by3 opinions
- Bernal v. LindholmOhio Court of Appeals · 1999
- McCreary v. ParsonsSupreme Court of Kansas · 1884
- State v. ColvinOhio Supreme Court · 1969