State ex rel. Miller v. Peterman
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court. — Hon. Henry O. Riley, Judge. (1) The law at the date of the contract enters into the same, and the liability of the securities can not be enlarged by a change in the law. Murfree on Official Bonds, secs. 710, 711, 712, 713, and 720. The securities are not liable to answer for any new duties.
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Appeal from the Cape Girardeau Circuit Court. — Hon. Henry O. Riley, Judge. (1) The law at the date of the contract enters into the same, and the liability of the securities can not be enlarged by a change in the law. Murfree on Official Bonds, secs. 710, 711, 712, 713, and 720. The securities are not liable to answer for any new duties. Ibid., sec. 650. (2) Where a special bond is required of a guardian before he can sell real estate, and he sells without executing a new bond, his securities on the original bond are not liable. Matteson Co. v. Johnson, 51 Iowa, 152; Hook v. Evans, 68 Iowa;…
1Opinion of the CourtBond, J.
This is a suit on the general bond of a guardian, executed July 9, 1878, and is brought by his successor. The defendants are the sureties on said bond, and aver in their answer that the sums sued for came into the hands of their principal under a special trust resulting from a sale by him of certain lands of his wards for reinvestment, such sale having been had under a decree of the circuit court of Cape Girardeau county in 1882. A demurrer to this defense was sustained, exceptions duly saved, and the cause submitted to the court for trial upon an admission as to the proper amount due,…
2Cases cited3 opinions
- Schuster v. WeissSupreme Court of Missouri · 1893
- State ex rel. Hyslop v. BilbyMissouri Court of Appeals · 1892
- State ex rel. Martin v. HarbridgeMissouri Court of Appeals · 1890
3Cited by2 opinions
- Rush v. State ex rel. BixlerIndiana Court of Appeals · 1898
- State ex rel. Bay v. HolmanMissouri Court of Appeals · 1902