Young v. Union Savings Bank & Trust Co.

Citations

• 23 Wash. 360
• 63 P. 247
• 1900 Wash. LEXIS 366

Syllabus

<p>BONDS — ALTERATION—RELEASE OF SURETIES.</p> <p>The fact that the name of a proposed surety, which had been inserted in the body of a bond, was subsequently struck out by reason of his refusal to sign, would not exonerate the sureties on the bond, when it does not appear that they had signed in reliance upon the proposed surety being joined with them on the bond.</p> <p>SAME-DELIVERY — AUTHORITY OE AGENT.</p> <p>Where the cashier of a bank, in order to obtain a deposit therein of public moneys by a state treasurer, offers the treasurer a bond signed by the bank and certain sureties, which is refused because not signed also by the wives of the sureties, and a second bond is tendered, signed by all the sureties, except one, on the first bond, and their wives', and this bond also is refused by the treasurer because it failed to contain all the sureties who signed the first bond, the delivery by the cashier of both bonds and their .acceptance by the treasurer would bind the sureties thereon, when it appears that the first bond had never been returned to the sureties, nor calléd for by them, but, during all the negotiations, had been allowed to remain in the hands of the cashier as their agent, and had been finally delivered for the purpose for which it had been originally executed.</p>