Chicago, Burlington & Quincy R. R. v. Bartlett
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. This action was brought hv appellants to recover against appellees on a bond given by Bartlett as principal and the other appellees as sureties. Bartlett was paymaster of the railroad company, and failed to pay over something about twenty-six thousand dollars of the money of the company, which came into his hands.
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Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. This action was brought hv appellants to recover against appellees on a bond given by Bartlett as principal and the other appellees as sureties. Bartlett was paymaster of the railroad company, and failed to pay over something about twenty-six thousand dollars of the money of the company, which came into his hands. The bond sued on was in the words following: “ Chicago, Burlington and Quincy Railroad Company: Enow all men by these presents, that we, Charles Bartlett, as principal, and John Gr. Shortall,…
1Opinion of the CourtMoran, J.
It is contended by appellants that the conditions ' of the bond sued on are such as not only to secure the faithful and careful discharge of the duties of paymaster by Bartlett. but to constitute him an insurer of the company’s funds that came to his hands and to oblige him to pay over or account to the company in the sense of paying over, in all events, all such funds; that loss of money by inevitable accident, or by theft without any negligence on his part is no excuse.
In our opinion the construction contended for is not the true construction to be placed upon the bond. The entire…
2Cases cited6 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Brant v. GallupIllinois Supreme Court · 1885
- Noble v. EpperlyIndiana Supreme Court · 1855
- President of the Union Bank v. ClosseyNew York Supreme Court · 1813
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3Cited by3 opinions
- Morgan v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Smith v. MayfieldIllinois Supreme Court · 1896
- Binnie v. Western Live Stock InsuranceAppellate Court of Illinois · 1918