Missouri Appeal Reports Volume 13

Missouri Appeal Reports Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...of the stock released the sureties on the bond.--Thompson on Ofiices, 531; Brandt on Surety. 461; Grocery Bank v. Kringman, 16 Gray, 475; Blair v. Perpetual Ins. Co., 10 Mo. 566; Home Savings Bank v. Traube, 6 Mo. App. 221; The State to use v. Roberts, 68 Mo. 234; Miller v. Stewart, 9 Wheat. 702. Joan D. DAVIS and Gnouen A.' 1LmLL, for the respondent: The section of the statute governing savings banks which directs the cashier to be selected from among the directors does not vitiate this bond, though the cashier was not a director. It is a ground of complaint which the state alone can make.--The State v. Cooper, 53 Miss. 615. This provision contains (as to selection of cashier) no prohibitory or negative words, and announces no penalty or other con-sequences if it is not complied with; it is therefore simply directory, and not mandatory.--Bank of Brighlon v. Smith, 5 Allen, 413-411; T/ 6 State 612) rel. v. Mead, 71 Ma. 266-269; Wes! v. Ross, 53 Mo. 350-354; Cape Girardeau v. Riley, 52 Mo. 424; St. Louis v. Foster, 52 Mo. 513; Junip v. McO'lurg, 35 Mo. 193-196; Hicks v. Chouteau, 12 Mo. 341. The defendants are estoppcd by the recitals of the bond from claiming exemption from its obligations by reason of the fact that the principal was not eligible to the position of cashier, or that he was not duly elected.--Baroda v. Uarondelet, 8 Mo. 644-649; Western Boalmen's Benevolent Assn. v. Kribben, 48 Mo. 37-43; Hundley v. Filbert, 73 Mo. 34. Abond given to secure the faithful performance of duties of an oificer during his continuance in oflice, whether under present appointment, or any re-appointment, is obligatory after expiration of first appoint-ment.---DeColyar on Gnaranties, 262; Angero v. Keen, 1 Mee. &W. 390. The...
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Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236978234
  • 9781236978233