State ex rel. Townshend v. Meagher
Supreme Court of Missouri
Error to Fifth District Court. I. This suit is founded upon a contract, viz: the bond of the administrator. By the terms of that contract he is bound to pay over the money at all events, and public policy would forbid his discharging his obligation by showing that the money had been lost. This is the case with all officers who voluntarily assume a trust under a bond like the present.
Read the full summary
Error to Fifth District Court. I. This suit is founded upon a contract, viz: the bond of the administrator. By the terms of that contract he is bound to pay over the money at all events, and public policy would forbid his discharging his obligation by showing that the money had been lost. This is the case with all officers who voluntarily assume a trust under a bond like the present. (Haller v. The State, 22 Ind. 125 ; Thompson v. Board of Trustees, 30 Ill. 99; U. S. v. Prescott et al., 3 How. 578; 12 Cush. 144; Commonwealth v. Cowley, 3 Penn. St. 372; and cases cited in the foregoing cases.)…
1Opinion of the CourtCurrier, Judge
In February, 1866, the Andrew County Court granted letters of administration on the estate of Robt. M. Cowan, deceased, to the defendant Meagher, who executed his bond as administrator, with the other defendants as sureties, for the performance of his duties in that relation. He thereupon assumed charge of the estate, and disposed of so much of it as to realize the sum of $1,807.50. On the 15th day of October following, his letters of administration were revoked, and the plaintiff, Townshend, as public administrator, was put in charge of the estate. This suit is brought upon the…
2Cases cited2 opinions
- United States v. PrescottSupreme Court of the United States · 1845
- Furman v. CoeCourt for the Trial of Impeachments and Correction of Errors · 1804
3Cited by14 opinions
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- State ex rel. the Township v. PowellSupreme Court of Missouri · 1878
- State v. GrammWyoming Supreme Court · 1898
- Fudge v. DurnSupreme Court of Missouri · 1873
- Van Bibber v. JulianSupreme Court of Missouri · 1884
9 more not listed; retrieve them via the Exa API.