Bryant v. American Bonding Co.

Citations

• 77 Ohio St. (N.S.) 90

Syllabus

<p>Bond for faithful discharge of duties by public officer — Application introduced as evidence — Becomes part of bond — Bond to run from year to year — Mutual consent necessary to continuance— Officer refuses to assent — Premium not recoverable — Liability on bond ceases.</p> <p>1. A bond procured by a state officer to be issued by a bonding company to the state guaranteeing the faithful performance of duty by such officer, which is in terms indefinite as to duration, will, in the absence of any stipulation to the contrary, be regarded as remaining in force during the incumbency of such officer on his present term, and where the consideration for such bond moving from the officer to the company is the payment in advance by the officer of a specified annual premium, he will be liable to the company for such payment during the term for which the company is liable to the state on the bond.</p> <p>2. But where, in a trial to recover against the officer for an annual premium, the application is introduced in evidence by the company as constituting in part its right of recovery, that instrument becomes a part of the bond, and if its language, taken in connection with that of the bond, imports that the bond is to run indefinitely, one year at a time, providing payment of the annual premium is made, the contract will be treated as continuing only upon the condition of mutual assent by the parties, and if such assent is not had, the officer will not be liable to the company in such action.</p> <p>3. Because of the refusal by the officer to assent to a renewal and his refusal to pay an annual premium, the obligation of the company under the bond to the state for future conduct of the officer does not attach.</p>