Gasconade County ex rel. School Township No. 44 v. Sanders
Supreme Court of Missouri
Appeal from Cole Circuit Court. Where a surety is induced to sign a bond by fraudulent reprei sentations that tbe signature of a co-surety is genuine, be is released. (Pepper v. Tbe State, 22 Ind. 399; The People v. Bostwick, 43 Barb., N. Y., 9; United States v. Lifter, 11 Pet. 86; Pawling v. Tbe United States, 4 Cranch, 219; Johnson et al. v...Baker, 6 Eng. Com.
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Appeal from Cole Circuit Court. Where a surety is induced to sign a bond by fraudulent reprei sentations that tbe signature of a co-surety is genuine, be is released. (Pepper v. Tbe State, 22 Ind. 399; The People v. Bostwick, 43 Barb., N. Y., 9; United States v. Lifter, 11 Pet. 86; Pawling v. Tbe United States, 4 Cranch, 219; Johnson et al. v...Baker, 6 Eng. Com. Law, 479; Leaf etal. v. Gibbs, 4 Oarr. & P. 464.) No fraud on the part of a member of the County Court could be set up to impeach the contract entered into with the court. The powers or duties of the court cannot be delegated to one…
1Opinion of the CourtAdams, Judge
Gasconade county sued the defendants on a bond executed for the payment of school funds loaned them.
The defendant Sanders, by his separate answer, sets up as a defense, “ that about the date mentioned in the petition, one Preston H. Collier was one of the justices of the County Court of Gasconade county, and agent of the county; that said Collier, on the date last mentioned, falsely representing to said Sanders that said Miller desired to borrow from plaintiff out of the school funds of said township about the sum of three hundred dollars, requested the defendant to sign said Miller’s…
2Cited by3 opinions
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- County of Linn ex rel. Linn County v. FarrisSupreme Court of Missouri · 1873
- Walker v. Linn CountySupreme Court of Missouri · 1880