122 Kan. 149 | Kan. | 1926
The opinion of the court was delivered by
This is an action upon an abstracter’s bond, There was a judgment for plaintiffs. The sureties have appealed. There is no controversy over the facts, which are substantially as follows:
Howard Marty, an abstracter in Wallace county, filed his abstracter’s bond October 4, 1915, and the same was approved by the board of county commissioners. The bond was in the penal sum of $5,000 and was conditioned as required by the statute (R. S. 67-243), to which it referred. It did not specifically name the term for which it was to be in force. It was signed by Howard Marty as principal and by H. C. Bouslog, Ed Carter and George H. Wood-house as sureties.
The sureties upon the bond filed and approved October 4, 1915, have appealed. They contend they are not liable, under the law, for damages sustained by plaintiffs because of omission in abstracts compiled and certified by Marty in January and March, 1922, more than six years after the bond was filed and approved. The question
Duration of liability on a bond ordinarily depends upon the terms of the bond (9 C. J. 40). A bond containing no limitation of time as to the liability created, given to secure the faithful performance of a named person who has no fixed term of office, position or employment, continues in force until it is discharged in some appropriate manner. (9 C. J. 45, 46; Bank v. Honey, 58 Kan. 603, 50 Pac. 871; Snattinger v. Topeka, 80 Kan. 341, 102 Pac. 508.)
Appellants say the land, to which the abstract of title was made in this case, was owned by Marty and under the statute (R. S. 67-245) he was authorized to make an abstract of the title thereto, without giving an abstracter’s bond. That is true, but he did not make the abstract as owner. He compiled and certified to it as an abstracter, and as an abstracter he and his bondsmen are bound.
Appellants contend that the giving of the second bond, October 2, 1922, which by its terms related back and covered the time when the acts were done which caused damages to plaintiffs in this case, has the effect of releasing them from liability. But this is inaccurate. Liability of appellants had accrued before this second bond was given, and the fact that sureties upon the later bond became liable does not release appellants of liability. It may be of help to appellants to have the sureties upon the second bond also liable, but that is another question. It does not relieve appellants of liability.
Finding no error in the record, the judgment of the court below is affirmed.
Cases No. 26,931, Grace S. Waterman, and G. H. Struble, C. B. Stiger and Charles Benesh, partners, engaged in business under the firm name of Struble & Stiger Loan and Investment Company, Appellees, v. Howard Marty, George H. Woodhouse, Ed Carter and H. C. Bouslog, Appellants; No. 26,933, Louise Blinn, and G. H. Struble, C. B. Stiger and Charles Benesh, partners, engaged in business under