State v. Peck
Supreme Judicial Court of Maine
ExceptxoNS to the ruling of Bakrows, J., and on motion to set aside the verdict as being against evidence, by the defendants. Debt on a State Treasurer’s bond. The case is fully stated in the opinion. The ruling does not recognize the legal eifect of an escrow. There was never any delivery with the consent of the sureties. If delivered without such consent, the instrument was void. 1 Touchstone, (Am.
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ExceptxoNS to the ruling of Bakrows, J., and on motion to set aside the verdict as being against evidence, by the defendants. Debt on a State Treasurer’s bond. The case is fully stated in the opinion. The ruling does not recognize the legal eifect of an escrow. There was never any delivery with the consent of the sureties. If delivered without such consent, the instrument was void. 1 Touchstone, (Am. Ed.,) c. 4, p. 57; Idem, p. 59; Pawling v. The United States, 4 Cranch, 222, is- a case very similar to this. See also Duncan v. same, 7 Peters, 448; Johnson v. Baker, 4 B. & Aid., 440; Bibb v.…
1Opinion of the CourtBarrows, J.
Benjamin D. Peck, duly elected Treasurer of State for the year 1858, before entering upon the duties of his office, in conformity with constitutional and statutory provisions, presented to the Legislature the bond now in suit as his official bond.
It was, when thus presented, upon its face, a perfect instrument, drawn according to the requirements of law, and apparently duly executed by all whose names appear therein. It purported to be signed, sealed and delivered by the several obligors, and no question is now made as to the genuineness of the several signatures. Peck, the principal,…
2Cases cited6 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Passumpsic Bank v. GossSupreme Court of Vermont · 1858
- D. C. Bronson v. NoyesNew York Supreme Court · 1831
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3Cited by30 opinions
- City of Chicago v. GageIllinois Supreme Court · 1880
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- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- County of King v. FerryWashington Supreme Court · 1893
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