Neil v. Morgan
Illinois Supreme Court
This was an action of debt, commenced in the Circuit Court of Peoria county, upon a bail bond, which said bond is as follows; “ Know all Men by these Presents, that we, Richard P. Morgan, ■“The condition .of this bond is such, that whereas James Neil has lately sued out of the Circuit Court of Peoria county a certain writ of capias ad respondendum, in a certain plea of trespass on the case on promises, against Richard P. Morgan, returnable to the next term of the said court,…
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This was an action of debt, commenced in the Circuit Court of Peoria county, upon a bail bond, which said bond is as follows; “ Know all Men by these Presents, that we, Richard P. Morgan, ■“The condition .of this bond is such, that whereas James Neil has lately sued out of the Circuit Court of Peoria county a certain writ of capias ad respondendum, in a certain plea of trespass on the case on promises, against Richard P. Morgan, returnable to the next term of the said court, to be held at Peoria, in Peoria county, on the second Monday of May next. “ Now, if the said Richard P. Morgan shall be…
1Opinion of the CourtWalker, J.
It will not be controverted, that at common law, an obligation, signed and sealed by other persons than those named in the body or condition of the instrument, will bind all to its terms and conditions. If this was such a bond, there would be no question of its validity, and that all who had executed it will be bound for its performance. It is, however, insisted, that as this is a statutory bond, that the omission to insert the names of Sidney S. Morgan, and Peter W. Peckham, either in its body, or in the condition, as to them, it is unauthorized and void. If this constitutes a material…
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