State ex rel. Weaver v. Weaver
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James B: Gantt, Judge. (1) The evidence submitted by plaintiff shows no breach of the bond, and, therefore, no cause of action against defendants. (2) The relator should be remitted to his action on the bond for the guardian’s failure to comply with the order of the court, in failing to make an actual bona fide sale. The sale was a bogus one, for his own private ends, and the breach of the bond alleged was not proved.
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Appeal from Bates Circuit Court. — Hon. James B: Gantt, Judge. (1) The evidence submitted by plaintiff shows no breach of the bond, and, therefore, no cause of action against defendants. (2) The relator should be remitted to his action on the bond for the guardian’s failure to comply with the order of the court, in failing to make an actual bona fide sale. The sale was a bogus one, for his own private ends, and the breach of the bond alleged was not proved. Bigelow on Estoppel [3 Ed.] pp. 96-7; Pritchard v. Hitchcock, 6 M. & Gf. 151; Drummond v. Prestman, 12 Wheat. 515; Bissell v. Saxton, 66…
1Opinion of the CourtBrace, J.
The deceased, Jacob Weaver, was the father and natural guardian of the relator, George W. Weaver. This action was brought on a bond for three thousand dollars, executed by the said Jacob Weaver, as principal, and the said defendants, Felix R. Weaver and William Fisher, as sureties, the condition of which is as follows: “ The condition of the above obligation is such that whereas the above bounden Jacob Weaver, as the natural guardian of his son, George W. Weaver, did, at the March term, 1874, of the circuit court of Bates county, Missouri, obtain from said court an order, directing him to…
2Cited by5 opinions
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- Parker v. HarrisonMissouri Court of Appeals · 1910
- Neal v. HodgesDistrict Court, N.D. Oklahoma · 1935
- State ex rel. Piles v. RichardsonMissouri Court of Appeals · 1888