Chicago, Burlington & Quincy Railroad v. Bartlett

Citations

• 120 Ill. 603
• 11 N.E. 867

Syllabus

<p>1. Contbacts—construction—giving effect to words different from their ordinary signification. The general rule requiring effect to be given to all the words of an instrument, is subject to well recognized limitations, the chief of which is, that the instrument must be so construed as to effectuate the intention of the parties to it. For this purpose a word may sometimes be construed to mean almost the opposite of its commonly accepted signification.Thus, the word “and” is often construed to mean “or,” and to give effect to the intention, a word or phrase may be excluded or wholly disregarded.</p> <p>2. Same—bond of an agent conditioned to account for and pay over moneys—extent of liability —in case of theft or robbery. An agent or paymaster of a railway company, whose duty it was to receive and pay out large sums of money for the company, gave a bond, conditioned that he would faithfully perform the duties required of him as paymaster, “and promptly pay over and promptly account 'for all moneys belonging” to the company, received by him as such agent, and should deliver to the company all property belonging to it, when required: Held, that the first clause, to faithfully perform all the duties required of him, covered the whole ground, and that which followed was nothing more than a mere specification of the principal duties incident to his employment, and added nothing to his liability, and did not make him an insurer of the moneys in his hands, against theft or robbery, without his fault or negligence.</p> <p>3. But even conceding the undertaking of the principal in the bond, to pay over and account for all moneys, was an absolute one, in such sense as to make him an insurer, and that his sureties were equally bound with him for its performance, still, it would not follow that they would be so bound except where the money was in his exclusive possession, as, when he would take it out of the safe for the paying of it out on the pay-rolls of the company. So where