People v. Organ
Illinois Supreme Court
This was an action of debt brought by plaintiffs against defendants in the Wayne Circuit Court, on the official bond of defendant Organ, as collector of Wayne county for the year 1859. The venue was subsequently changed to Clay county. The declaration is in the usual form against Organ as principal, and the other defendants as his securities, and alleges the non-payment of certain moneys belonging to the school fund.
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This was an action of debt brought by plaintiffs against defendants in the Wayne Circuit Court, on the official bond of defendant Organ, as collector of Wayne county for the year 1859. The venue was subsequently changed to Clay county. The declaration is in the usual form against Organ as principal, and the other defendants as his securities, and alleges the non-payment of certain moneys belonging to the school fund. The plea of all but two of the defendants denies the execution of the bond, and is verified by the affidavits of the defendants. A certified copy of the bond sued on was read on…
1Opinion of the CourtWalker, J.
It appears that Organ, the principal obligor in this bona, presented it, signed and sealed, in blank for approval. The penalty was not then inserted, and some question arose as to the legality of filling in the amount in the absence of the securities, and without competent authority for the purpose. It was, however, finally agreed that the amount should be inserted in the bond, which was done. Organ seems to have been present, and it was done at his request, with his approbation and consent. He cannot therefore be heard to object to the validity of the bond. Whether it was, after the blank…
2Cases cited1 opinion
- United States v. NelsonU.S. Circuit Court for the District of Virginia · 1822
3Cited by6 opinions
- Ayres v. ProbascoSupreme Court of Kansas · 1875
- Simms v. HerveySupreme Court of Iowa · 1865
- Osby v. ReynoldsIllinois Supreme Court · 1913
- Donason v. BarberoIllinois Supreme Court · 1907
- Durbin v. Carter Oil Co.Illinois Supreme Court · 1941
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