State ex rel. Bell v. United States Fidelity & Guaranty Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The State cannot maintain an action on this bond at the relation and to the use of John P. Bell as treasurer of State Hospital Number 1. Connor v. Zaekry, 117 S. W. 177; State v. Moody, 202 Mo. 120. (2) The bond has no retroactive application.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The State cannot maintain an action on this bond at the relation and to the use of John P. Bell as treasurer of State Hospital Number 1. Connor v. Zaekry, 117 S. W. 177; State v. Moody, 202 Mo. 120. (2) The bond has no retroactive application. The defendant in no case could be answerable for any misconduct of Thomas, except such as occurred after the execution and delivery of the bond, to-wit, May 9,1903. Todd v. County, 8 Mo. 431; State v. Jones, 89 Mo. 470; State ex rel. v. Finn, 98 Mo. 537. (3) The burden in such case…
1Opinion of the CourtWoodson, J.
This is a suit on the official bond of W. D. Thomas, treasurer of State Hospital No. 1, located at Pulton, Missouri. A trial was had which resulted in a judgment for the State, and the defendant duly appealed the cause to this court.
Thomas was elected treasurer of that institution on March 10, 1903, for a term of two years and qualified as such on May 9th, the same year, by executing the bond in suit with defendant as surety. Between February 14th and 16th, 1905, he absconded from Pulton, ostensibly for a visit to Washington City, leaving his clerk in charge of the office. He has never…
2Cases cited38 opinions
- Hart v. United StatesSupreme Court of the United States · 1877
- State v. DelesdenierTexas Supreme Court · 1851
- McClanahan v. WestSupreme Court of Missouri · 1889
- Board of Supervisors v. . OtisNew York Court of Appeals · 1875
- Jernigan v. FinleyTexas Supreme Court · 1896
33 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. LlewellynNew Mexico Supreme Court · 1917
- Crowl ex rel. Crowl v. American Linseed Co.Supreme Court of Missouri · 1914
- State ex rel. Jones v. Mallinckrodt Chemical WorksSupreme Court of Missouri · 1913
- O'Toole v. LowensteinMissouri Court of Appeals · 1913
- Darr v. DarrMissouri Court of Appeals · 1956
5 more not listed; retrieve them via the Exa API.