Forest County v. United Surety Co. of Baltimore
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eorest county: JóHN GoohlaND, Circuit Judge. Action by Forest County against John H. Dawley, its county judge for tbe years 1907, 1908, and 1909, and tbe United Surety Company, surety upon bis official bond, to recover certain sums of money claimed to bave been unlawfully paid said Dawley for alleged services rendered tbe county.
Read the full summary
Appeal from an order of tbe circuit court for Eorest county: JóHN GoohlaND, Circuit Judge. Action by Forest County against John H. Dawley, its county judge for tbe years 1907, 1908, and 1909, and tbe United Surety Company, surety upon bis official bond, to recover certain sums of money claimed to bave been unlawfully paid said Dawley for alleged services rendered tbe county. Tbe complaint, after alleging tbe incorporation of plaintiff, tbe due election and qualification of said Dawley as county judge, tbe incorporation of tbe defendant surety company, and the due execution and filing of tbe…
1Opinion of the CourtViNJE, J.
' Appellant contends that the obligation of a surety is strictissimi juris; that nothing can be taken against *327Mm by construction.; and that his liability cannot be extended beyond the very terms of the conditions of the bond; and cites Detroit Sav. Bank v. Ziegler, 49 Mich. 157, 13 N. W. 496; Gerber v. Ackley, 37 Wis. 43; Taylor v. Parker, 43 Wis. 78; People v. Pennock, 60 N. Y. 421; and Wilson v. State, 67 Kan. 44, 72 Pac. 517. All those cases deal with accommodation sureties. In the case at bar we have an indemnity bond •entered into for a money consideration. Such indemnity bonds partake…
2Cases cited15 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- State v. McFetridgeWisconsin Supreme Court · 1893
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- Board of Supervisors v. HackettWisconsin Supreme Court · 1867
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- State v. RoyNew Mexico Supreme Court · 1937
- Racine County National Bank v. Aetna Casualty & Surety Co.Wisconsin Supreme Court · 1973
- Erickson v. AndersonMontana Supreme Court · 1926
- State Ex Rel. Carter v. GraassWisconsin Supreme Court · 1940