Deer Lodge County v. United States Fidelity & Guaranty Co.
Montana Supreme Court
Appeal from District Court, Deer Lodge County; George B. Winston, Judge. Action by Deer Lodge County against tbe United States Fidelity & Guaranty Company of Baltimore, to recover on an official bond. Judgment for plaintiff, and defendant appeals. An official bond must be signed by the principal, and, if not, it is void as to him and the sureties thereon.
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Appeal from District Court, Deer Lodge County; George B. Winston, Judge. Action by Deer Lodge County against tbe United States Fidelity & Guaranty Company of Baltimore, to recover on an official bond. Judgment for plaintiff, and defendant appeals. An official bond must be signed by the principal, and, if not, it is void as to him and the sureties thereon. The weight of authorities is in harmony with the conclusions reached by this court in Ney v. Orr, 2 Mont. 559, Pierse v. Miles, 5 Mont. 549, 6 Pac. 347, and King v. EUing, 24 Mont. 470, 62 Pac. 783. (See Board of Education v. Sweeney, 1 S.…
1Opinion of the CourtJustice Holloway
At the general election held in 1904 E. J. Nadeau was elected county treasurer of Deer Lodge county, and at the election held in November, 1906, he was re-elected to the same office. In each instance he qualified by taking and filing the official oath and giving bond. The bond in each instance was furnished by the defendant company as surety. Each bond in terms followed the requirements of the statute. However, the bond given in 1904 was not signed by Nadeau, but was approved by the district judge, filed and recorded as required by law; while the bond given in 1906, though properly executed,…
2Cases cited31 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- State Savings Bank v. AlbertsonMontana Supreme Court · 1909
- Hall v. ParkerMichigan Supreme Court · 1877
- Mayo v. RenfroeSupreme Court of Georgia · 1881
- Kurtz v. ForquerCalifornia Supreme Court · 1892
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3Cited by11 opinions
- State v. GondeiroMontana Supreme Court · 1928
- State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark CountyMontana Supreme Court · 1946
- Esterly v. Broadway Garage Co.Montana Supreme Court · 1930
- Maryland Casualty Co. v. Pacific CountyCourt of Appeals for the Ninth Circuit · 1917
- Miller v. MillerMontana Supreme Court · 1913
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