Jackson Exchange Bank v. Russell
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — How. C. B. Baris, Judge. Having made it possible by tbeir bond for Henry R. English, as “authorized to perform the duties of cashier,” to have access to the vaults and handle the funds of the bank, the defendant sureties should be held responsible for his clearly established and admitted defalcation. They are estopped to deny the recital in the bond. Brewing Co. v. Niederweise, 28 Mo.
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Appeal from Cape Girardeau Circuit Court. — How. C. B. Baris, Judge. Having made it possible by tbeir bond for Henry R. English, as “authorized to perform the duties of cashier,” to have access to the vaults and handle the funds of the bank, the defendant sureties should be held responsible for his clearly established and admitted defalcation. They are estopped to deny the recital in the bond. Brewing Co. v. Niederweise, 28 Mo. App. 233; Hadley v. Fulbert, 73 Mo. 34; State ex rel. McKown v. ‘Williams, 77 M,o. 463; Limberger v. Krieger, 88 Mo. 160. „ (1) The rule is well established to the…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — It is contended by learned counsel for respondents, first, that the rule is well established to the effect that a surety is a favorite of the law and that his liability is not extended or varied beyond the strict terms of his contract; that he is bound to the extent and in the manner and under the circumstances pointed out in his obligation and no further. Second, that any alteration in the contract by the principal thereto, without the consent of the surety, will operate to discharge him therefrom, and that this rule is so strict that the courts will not stop to…
2Cases cited13 opinions
- Beers v. WolfSupreme Court of Missouri · 1893
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- Springfield Lighting Co. v. HobartMissouri Court of Appeals · 1902
- Chew v. EllingwoodSupreme Court of Missouri · 1885
- State ex rel. Federal Lead Co. v. ReynoldsSupreme Court of Missouri · 1912
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3Cited by3 opinions
- Wooddale, Inc. v. Fidelity and Deposit Company of MarylandCourt of Appeals for the Eighth Circuit · 1967
- State Ex Rel. Raleigh Investment Co. v. AllenSupreme Court of Missouri · 1922
- State Ex Rel. Kenney v. JohnsonMissouri Court of Appeals · 1934