State v. Bergfeld
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) "When there are several sets of sureties it is necessary to ascertain when the defalcation occurred, for each set of sureties is liable only for the malfeasance which their principal commits during the period they were standing for him. State v. Atherton, 40 Mo. 220; State v. McCormack, 50 Mo. 568; Tittmann v. Creen, 108 Mo. 33, 18 S. W. 885; State v. Holman, 93 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) "When there are several sets of sureties it is necessary to ascertain when the defalcation occurred, for each set of sureties is liable only for the malfeasance which their principal commits during the period they were standing for him. State v. Atherton, 40 Mo. 220; State v. McCormack, 50 Mo. 568; Tittmann v. Creen, 108 Mo. 33, 18 S. W. 885; State v. Holman, 93 Mo. App. 617; State v. Paul’s Exr., 21 Mo. 51; State v. Branch, 126 Mo. 454, 28 S. "W. 739; State v. Elliott, 157 Mo. 609, 57 S. W. 1087; State v. Alsup, 91…
1Opinion of the CourtReyburn, J.
(after stating the facts). — The points sought to be established on behalf of appellant to warrant reversal are three-fold, embracing first, the insistence that it devolved on plaintiff to demonstrate by proper proof that the default of the curator occurred during the period of the bond executed by defendant and the testimony established that the loss ensued from an investment made prior to the life of the bond in which
*636/ defendant had united as surety, and during the term a bond with other surety was in force and after the release of defendant thereby from continuing obligation. The…
2Cases cited3 opinions
- Glass v. GelvinSupreme Court of Missouri · 1883
- De Donato v. MorrisonSupreme Court of Missouri · 1901
- First National Bank v. DavisMissouri Court of Appeals · 1901