Chicago & Alton Railroad v. Higgins

Citations

• 58 Ill. 128

Syllabus

<p>1. Bond—sufficiency of breach assigned. The condition of a bond was, that the principal should, among other things, pay and deliver over to his successors or any other person duly authorized to receive the same, all balances or sums of money, goods, chattels and other things, which shall appear to be in his possession, and due by him to the obligee: Held, that the condition of the bond was not necessarily broken because the principal had failed to pay over a balance which appeared to be in his hands, by his accounts rendered.</p> <p>2. Evidence—admissions. The balance sheet of a freight agent returned to the company, of the receipts and disbursements of his office, is not an admission on his part that a deficit is chargeable to himself.</p> <p>3. General agent—whether liable for default of his subordinates. The sureties in a general freight agent’s bond, are not liable for a deficit in his accounts, arising from the default of his subordinates, under a general clause in the bond, that “such agent shall well and truly perform and execute the duties of freight agent, and shall render a just and true account of all moneys, goods and chattels, which shall come into his charge or possession,” where the subordinates are appointed by the railroad company, although appointed with the approbation and consent of the general agent, and acting under his direction and control.</p> <p>4. Surety—implication. The liability of sureties on a penal bond, can not be extended by implication, to matters not clearly included in their undertaking.</p>