Richardson v. People ex rel. Dugger

Citations

• 85 Ill. 495

Syllabus

<p>1. Conservator’s bond—right of action in successor. Where a conservator of an idiot, on his removal from office and settlement with the court, is ordered to pay over the balance in his hands to his successor, and the latter is also removed before the money is paid, and another person appointed in his place, the latter may maintain an action on the bond of the first for non-payment. The latter is authorized by the law to receive the money.</p> <p>2. Same—who may approve bond. Under the act of 1851 giving county courts jurisdiction over the estates of idiots, etc., the county court, or judge thereof, is authorized to take and approve a conservator’s bond.</p> <p>3. Sam—presumption when the judge approving and su/rety's name are the same. Where the name of the county judge who approves a conservator’s bond and that of the surety are the same, it will not be presumed that they were one and the same person from the identity of their names.</p> <p>4. Same—bond not filed. It is no objection to a recovery on a conservator’s bond that it was not filed by the clerk until after the conservator’s removal. Its delivery to the clerk is sufficient.</p> <p>5. Same—people may be obligee. A conservator’s bond made payable to the people of the State of Illinois, instead of to the county treasurer as directed by statute, is good and valid as a common law obligation, and may be enforced by suit in the name of the people for the use of the proper person.</p> <p>6. The people of the State of Illinois, in their aggregate or corporate capacity, may be an obligee or payee, and the instrument thus given enforced in our courts, where it is not prohibited by statute, and does not contravene a sound public policy.</p> <p>7. Contracts—language construed most strongly against obligor. Where a party, entering into a bond or undertaking, employs equivocal expressions or language that will bear two constructions, they will be construed against him.</p>