State ex rel. Bothrick v. Potter
Supreme Court of Missouri
Error to Pettis County Circuit Court. The bond here sued on was given by James M. Turley, as principal, with J. H. Potter and Bacon Montgomery, as sureties to the State, as guardian and curator of the minor heirs of one J. J. Turley, and was filed in the county court of Pettis county and approved. Afterward, the heirs having become residents of Johnson county, William E. Bothrick was appointed guardian and curator by the probate court of the latter county.
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Error to Pettis County Circuit Court. The bond here sued on was given by James M. Turley, as principal, with J. H. Potter and Bacon Montgomery, as sureties to the State, as guardian and curator of the minor heirs of one J. J. Turley, and was filed in the county court of Pettis county and approved. Afterward, the heirs having become residents of Johnson county, William E. Bothrick was appointed guardian and curator by the probate court of the latter county. The defense set up by Potter to the suit was, that he signed with the understanding and on condition that the bond should also he signed…
1Opinion of the CourtSherwood, Judge
We are to determine: Whether a curator’s bond, regular in form, can be avoided at the instance of a surety, upon the ground that he had signed it under a conditional agreement, made at the time with the principal, that the latter was not to deliver the bond until the signature of a certain person had also beeD obtained, and that notwithstanding such agreement and in violation of it, the bond was delivered.
The question has been one prolific of litigation, and the conclusions reached by different tribunals have frequently exhibited no inconsiderable lack of uniformity. But it is thought that…
2Cases cited21 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- United States v. LefflerSupreme Court of the United States · 1837
- Bibb v. ReidSupreme Court of Alabama · 1841
- The People v. . BostwickNew York Court of Appeals · 1865
- Abner L. Duncan's Heirs & Representatives v. United StatesSupreme Court of the United States · 1833
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3Cited by36 opinions
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- County of King v. FerryWashington Supreme Court · 1893
- Lyttle v. CozadWest Virginia Supreme Court · 1882
- Hurt v. FordSupreme Court of Missouri · 1898
- Joyce v. AutenSupreme Court of the United States · 1900
31 more not listed; retrieve them via the Exa API.