Trustees of Schools v. Sheik

Citations

• 119 Ill. 579

Syllabus

<p>1. Surety—undertaking strictly construed—technical defects in execution of official bends. The undertaking of a surety should be construed strictly, and he will be bound only in the manner and to the extent set forth in the obligation executed by him; but a surety on an official bond should not be allowed to avoid his undertaking upon a mere technical defect in the execution of the instrument.</p> <p>2. Same—bond not signed by the officer—liability of the surety—and, herein, as to the effect of a conditional signing by the surely. Sureties who execute an official bond on the promise of the officer that he will also execute the same before delivery, will be liable on the bond, notwithstanding the officer may fail to sign it before its acceptance and approval.</p> <p>3. Where, however, a school treasurer’s bond is signed by the sureties upon condition it shall not be delivered until executed by the treasurer, and the trustees of schools have notice of such condition, or notice of such facts pointing to such a condition as to put a prudent man on inquiry, before they accept the same, and they take the bond without performance of the condition, they will not be innocent holders, and therefore can not enforce the bond against the sureties.</p> <p>4. Same—right of surety to recover against the principal who did not sign the instrument. A surety who executes an official bond of another at his request, and upon his promise also to sign the same before delivery, may maintain an action against the officer for any sum he may be compelled to pay as such surety, notwithstanding such officer has never executed the bond.</p> <p>5. Contract—whether executed upon a condition. Where an officer, in procuring the signatures of sureties to his bond, promises them that he will sign the same before its delivery, which he fails to do, this will not constitute the execution of a bond upon condition, when the sureties rely upon the promise, and not upon a conditional delivery.</p>