Royal Insurance Co. v. Davies
Supreme Court of Iowa
Appeal from, Sooté O.iroiát Gowrt. The plaintiff’s petition states that on or about January 26th, 1872, W. E. Kidder, as principal, and John L. Davies, as surety executed and delivered to the plaintiff their bond as follows: “Know all men by these presents, that I, William E. Kidder, of the town of Davenport, county of Scott, state of Iowa, as principal, and John L. Davies, of the town of Davenport, county of Scott, state of Iowa, as surety, are held and firmly bound unto…
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Appeal from, Sooté O.iroiát Gowrt. The plaintiff’s petition states that on or about January 26th, 1872, W. E. Kidder, as principal, and John L. Davies, as surety executed and delivered to the plaintiff their bond as follows: “Know all men by these presents, that I, William E. Kidder, of the town of Davenport, county of Scott, state of Iowa, as principal, and John L. Davies, of the town of Davenport, county of Scott, state of Iowa, as surety, are held and firmly bound unto the Boyal Insurance Company of Liverpool, a corporation authorized by act of Parliament, and located at Liverpool,…
1Opinion of the Court
Miller, Ch. J.
The question presented in the record is whether the death of Davies, the surety in the bond, operated in law as a discharge of his estate from liability for the default of the principal, happening after the death of the surety. In other words, whether the death of the'surety operated to terminate the obligation assumed by him when he executed the bond on his part. It is not claimed on the part of the defendant that the liability of the surety, or his obligation as such, was terminated by reason of any act, or omission of the plaintiff, but it is claimed that the obligation of…
2Cited by17 opinions
- Bedford v. KelleyMichigan Supreme Court · 1913
- United States Ex Rel. Wilhelm v. ChainSupreme Court of the United States · 1937
- Estate of Rapp v. Phœnix InsuranceIllinois Supreme Court · 1885
- Klatte v. Franklin State BankWisconsin Supreme Court · 1933
- Looney v. BelcherSupreme Court of Virginia · 1937
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