Trustees of Schools v. Otis

Citations

• 85 Ill. 179

Syllabus

<p>t. Mistake—reforming contract as against sureties. A court of chancery will not assume jurisdiction to reform an official bond, as against the sureties therein, for a mistake, as the sureties are bound only upon the bond as executed, and there being no superior equities against them.</p> <p>2. Same—allegation in HU. A bill filed to reform an official bond for mistake as to the name of the payee, alleged, that “ by mutual mistake, on the part of the said board of trustees who approved and accepted said bond, and on the part of the said parses who executed said bond, the said bond, in the penal part thereof, failed to state fully who were the payees of said bond.” It was held, that the allegation of mistake was too vague to warrant a reformation, even as to instruments which may be reformed for mistake.</p>