Martin v. Hornsby
Supreme Court of Minnesota
Appeal by plaintiff, Benjamin F. Martin, from an order of the District Court of Ramsey County, Charles D. Kerr, ,T., made June 14, 1893, denying his motion for a new trial. On August 7, 1885, defendant, A. H. Hornsby was appointed a notary public for Ramsey County for the term of seven years.
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Appeal by plaintiff, Benjamin F. Martin, from an order of the District Court of Ramsey County, Charles D. Kerr, ,T., made June 14, 1893, denying his motion for a new trial. On August 7, 1885, defendant, A. H. Hornsby was appointed a notary public for Ramsey County for the term of seven years. He was required by 1878 G-. S. ch. 26, § 2, as amended by Laws 1885, ch. 48, before entering upon the duties of his office to give a bond to the State in the penal sum of $2,000 with sureties to be approved by the Governor, conditioned for the faithful discharge of his duties as such officer. The…
1Opinion of the CourtCollins, J.
The question of law presented in this appeal is whether the sureties named in, and who signed, an instrument designed to be the bond required, under 1878 G-. S. ch. 26, § 2, of a person about to be appointed a notary public, are bound by its conditions when the principal has failed to sign the same. The instrument purported to be the joint and several obligation of “A. H. Hornsby as principal, and U. L. Lamprey and Chas. W. Clark as sureties.” It was conditioned that “the above-bounden A. H. Hornsby” should faithfully discharge the duties of a notary. Through inadvertence in the office of the…
2Cases cited4 opinions
- Trustees of Schools v. SheikIllinois Supreme Court · 1886
- State ex rel. Supervisors of Otto v. AustinSupreme Court of Minnesota · 1886
- Board of Education v. SweeneySouth Dakota Supreme Court · 1891
- Van Norman v. BarbeauSupreme Court of Minnesota · 1893
3Cited by14 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
- Gay v. MurphySupreme Court of Missouri · 1896
- Deer Lodge County v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1910
- Brown v. MelloonSupreme Court of Iowa · 1915
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