Supreme Court of Missouri, 1878

State ex rel. Wight v. Modrel

Supreme Court of Missouri · Decided October 15, 1878 · Napton

69 Mo. 152

Cases that cite this one

6 later published cases cite this decision.

City of Brookfield v. McCollum (Mo. 1928)
Title Guaranty & Surety Co. v. Schmidt (8th Cir. 1914)
Gay v. Murphy (Mo. 1896)
North Atchison Bank v. Gay (Mo. 1893)
State v. McGonigle (Mo. 1890)
State ex rel. Hewitt v. Hewitt (Mo. 1880)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Napton, J.

This suit is against the sureties on the bond of an executor, and the defense set up in their an*153swers was, that the several sureties “ signed the bond on the parol agreement made at the time by the executor with them, that he would procure other additional sureties, and would also furnish them an indemnity bond.” Such defenses have been decided worthless in the case of the State to use of Bothrick v. Potter, 63 Mo. 212, and State ex rel. J. S. Brown, Admr., v. Baker, Admr., 64 Mo. 167. In accordance with these decisions, the judgment must be reversed and the cause remanded.

All concur.

Eeversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.