American Law And Procedure volume 7

Cover American Law And Procedure volume 7
American Law And Procedure volume 7
Toy, Crawford Howell, 1836-1919
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Sureties also are estopped from denying facts recited in their obliga- tions, even though such facts are false. Thus, in a Mis- souri case, a sheriff had made a levy and seized goods of a debtor ; and a bond for the delivery of the goods to the creditor, if the court should so order, was given. It was held, since the bond recited that the sheriff had made seizure and levy of the goods, the sureties on such bond were estopped to deny the fact of the seizure and levy or its validity (18).
§ 19. E
...stoppel of surety as to other facts. A surety on an official bond of an officer is estopped to deny the val- idity of the election or appointment of such officer, in order to avoid liability on such bond. Neither can a surety for a corporation deny the corporate existence of the body for which the bond was given, in order to invali- date such bond. And, in the case of any bond given in the course of legal business, the sureties on such bond will be estopped to deny the jurisdiction of the court in charge (18) Hanly v.

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