People v. Tompkins
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county. This was an action of debt by the People of the State of Illinois against William F. Tompkins, as grain inspector, and Aquilla H. Pickering, John B. Lyon, Wiley 3VI. Egan, George H. Sidwell and David H. Lincoln, his sureties upon his official bond.
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Writ of Error to the Circuit Court of Cook county. This was an action of debt by the People of the State of Illinois against William F. Tompkins, as grain inspector, and Aquilla H. Pickering, John B. Lyon, Wiley 3VI. Egan, George H. Sidwell and David H. Lincoln, his sureties upon his official bond. The following is a copy of the declaration, omitting the formal parts: “ For that, whereas, the said Tompkins heretofore, to wit, on the 3d day of July, A. D. 1871, was duly appointed and commissioned by the then governor of said State of Illinois, by and with the advice and consent of the senate…
1Opinion of the CourtJustice Scholfield
Unless the collection and custody of the fund involved in this controversy can be held to have been fairly within the contemplation of the parties at the time of the execution of the bond, there can be no recovery, for no principle of law is better settled than that the contract of a surety is to be construed strictly, and his liability cannot be extended by implication beyond the terms of his obligation. As observed by Stout, J., in Miller v. Stewart et al. 9 Wheat. 680: “ To the extent, and in the manner and under the circumstances pointed out in his obligation, he is bound, and no…
2Cases cited2 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Governor of Illinois v. RidgwayIllinois Supreme Court · 1850
3Cited by6 opinions
- Lowe v. the City of GuthrieSupreme Court of Oklahoma · 1896
- People v. HarperIllinois Supreme Court · 1878
- Schuster v. WeissSupreme Court of Missouri · 1893
- Adams v. PeopleAppellate Court of Illinois · 1883
- Bassett v. American Surety Co. of New YorkAppellate Court of Illinois · 1918
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