State v. Wood
Supreme Court of Arkansas
APPEAL from Benton Circuit Court in Chancery. J. M. Pittman, Judge. This was a suit in equity brought by the State for the use of Benton county against T. H. Wood and the sureties on his bond as treasurer of that county. The object of the suit was to reform the bond and recover damages for a breach thereof. The informality in the bond consisted in its failure to specify any obligee. In other respects it was substantially in the form required by the statute.
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APPEAL from Benton Circuit Court in Chancery. J. M. Pittman, Judge. This was a suit in equity brought by the State for the use of Benton county against T. H. Wood and the sureties on his bond as treasurer of that county. The object of the suit was to reform the bond and recover damages for a breach thereof. The informality in the bond consisted in its failure to specify any obligee. In other respects it was substantially in the form required by the statute. The complaint alleged that Wood wrote it and through fraud, accident or mistake omitted to name the obligee. The breach complained of was…
1Opinion of the CourtCockrill, C. J.
It is argued with great earnestness that the treasurer’s bond which is the foundation of the suit is void, upon the ground that it names no obligee. The fallacy lies in the assumption that the obligation has not been assumed to any one.
A bond is construed like any other contract or instrument of writing — it is enough that the intent plainly appears, though it be not fully and particularly expressed. Partridge v. Jones, 38 Ohio St., 374. “ If there ever was a time,” says the court in the case cited, quoting from another case, “when the court listened to trivial verbal inaccuracies in…
2Cases cited4 opinions
- County Treasurer v. BunburyMichigan Supreme Court · 1881
- County of Bay ex rel. Houghtaling v. BrockMichigan Supreme Court · 1880
- Fellows v. GilmanNew York Supreme Court · 1830
- Crook County v. BushnellOregon Supreme Court · 1887
3Cited by26 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Carnegie, Phipps & Co. v. HulbertCourt of Appeals for the Eighth Circuit · 1895
- Thompson v. Grider Implement Co.Supreme Court of Oklahoma · 1912
- Reiff v. Redfield School BoardSupreme Court of Arkansas · 1916
- Hall v. HallCourt of Appeals of Texas · 1917
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