State ex rel. Howell County v. Findley
Supreme Court of Missouri
Appeal from Texas Circuit Court. — IIon. C. C. Bland, Judge. (1) The court erred in sustaining the demurrer to the evidence. (2) The change in the bond was not made by the county court, nor by its direction, and this case does not fall within the general rule governing alteration of written instruments. First.
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Appeal from Texas Circuit Court. — IIon. C. C. Bland, Judge. (1) The court erred in sustaining the demurrer to the evidence. (2) The change in the bond was not made by the county court, nor by its direction, and this case does not fall within the general rule governing alteration of written instruments. First. An agreement between the principal and surety that the bond shall not be delivered unless another person shall be bound as cosurety will not relieve the surety from liability on the bond, and no agreement between them will affect the surety’s liability unless known to the obligee. State…
1Opinion of the CourtRay, C. J.
This action was begun in the circuit court of Howell county, Missouri, but the venue was changed to Texas county, where the case was tried. *371The suit is against defendant Samuel Findley on his official bond, as collector of the revenues .of Howell county for the years 1883 and 1884, and against defendants, Reid and Summers, as sureties on said bond. The defense of the sureties is non est factum. The court, at the close of the evidence, in plaintiff ’s behalf, gave the instruction in the nature of a demurrer to the evidence, and entered judgment in favor of said sureties Reid and Summers. The…
2Cases cited9 opinions
- Evans v. ForemanSupreme Court of Missouri · 1875
- German Bank v. DunnSupreme Court of Missouri · 1876
- Kohn Bros. v. Washer & AugustTexas Supreme Court · 1887
- Winsor v. Lafayette County BankMissouri Court of Appeals · 1885
- Dayton v. NewmanSupreme Court of Pennsylvania · 1852
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3Cited by4 opinions
- In Re Bank of Mt. Moriah v. Mt. MoriahMissouri Court of Appeals · 1932
- City of Brookfield v. McCollumSupreme Court of Missouri · 1928
- Mosley v. Magnolia Petroleum Co.New Mexico Supreme Court · 1941
- Smith v. YoungMissouri Court of Appeals · 1913