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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 522 Actions on Bonds
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Persons injured by the neglect or misfeasance of any officer may
proceed against such principal or any one or more of his sureties,
jointly or severally, in any proceeding authorized by law against such
officer for official neglect or injury. (RSMo 1939 § 3242)
Prior revisions: 1929 § 2854; 1919 § 1674; 1909 § 2243
CROSS REFERENCES: Director of insurance, liable on bond for deposits,
actions, RSMo 375.470 Sheriff's bond, action on, how brought, RSMo
57.160, 57.170
In all cases where, by the law of this state, any person is
authorized to prosecute a suit to his own use, on any official bond, he
shall sue in the name of the state, or other obligee named in the bond,
stating in the process, pleadings, proceedings and record in such action,
that the same is brought at the relation and to the use of the person so
suing. (RSMo 1939 § 3243)
Prior revisions: 1929 § 2855; 1919 § 1005; 1909 § 1212
CROSS REFERENCE: Director of finance or deputy, action on bond for false
report as to solvency, how brought, RSMo 361.180
In such action the same pleadings and proceedings shall be had
as before provided in cases of suits upon bonds with conditions other
than for the payment of money, except as herein otherwise provided. (RSMo
1939 § 3244)
Prior revisions: 1929 § 2856; 1919 § 1006; 1909 § 1213
A judgment for the defendant in such action shall be a bar to
any other suit that may be brought on the same official bond, by the same
relator, for any delinquency or default which was assigned as a breach of
the condition of such bond in the action on which such judgment was
rendered. (RSMo 1939 § 3245)
Prior revisions: 1929 § 2857; 1919 § 1007; 1909 § 1214
Any other party aggrieved may, in like manner, prosecute an
action on such official bond, and the pendency of any suit, at the
relation of any other person on such bond, or a judgment recovered by or
against any other person on such bond, shall not abate or in any manner
affect such suit, or the proceedings thereon, except as herein provided.
(RSMo 1939 § 3246)
Prior revisions: 1929 § 2858; 1919 § 1008; 1909 § 1215
Any person who may have recovered any judgment upon such
official bond may, in like manner, again prosecute an action on such
bond, whenever he is aggrieved by any default or delinquency other than
such as shall have been the subject of the former suit, and shall proceed
therein as herein provided. (RSMo 1939 § 3247)
Prior revisions: 1929 § 2859; 1919 § 1009; 1909 § 1216
No scire facias shall be brought upon any judgment rendered upon
such official bond, by the same or any other relator, for any breach of
the condition of the bond. (RSMo 1939 § 3248)
Prior revisions: 1929 § 2860; 1919 § 1010; 1909 § 1217
Every suit brought upon such official bond, to the use of the
party aggrieved, and every judgment thereon, shall be deemed the private
suit and judgment of the relator, in the same manner, in every respect,
as if he were the nominal plaintiff, and such relator shall be liable for
costs, as other plaintiffs. (RSMo 1939 § 3249)
Prior revisions: 1929 § 2861; 1919 § 1011; 1909 § 1218
No such suit shall be barred nor shall the amount which the
plaintiff may be entitled to recover be affected, by any answer made by
any surety in such bond, of a judgment recovered thereon, unless it be
accompanied by an allegation that the sureties, or some of them, have
been obliged to pay the damages on such judgment, or some part thereof,
for want of sufficient property of the principal whereon to levy the
same, or that they will be obliged to pay the same, or part thereof, for
the same reason, nor unless such answer be verified by affidavit. (RSMo
1939 § 3250)
Prior revisions: 1929 § 2862; 1919 § 1012; 1909 § 1219
If it appear that the amount of damages so recovered, which a
surety has been or will be obliged to pay, as specified in section
522.090, is equal to the amount for which such defendant shall be liable
by virtue of the bond, he shall be acquitted and discharged from all
further liability, and judgment shall be rendered in his favor. (RSMo
1939 § 3251)
Prior revisions: 1929 § 2863; 1919 § 1013; 1909 § 1220
If it shall appear that the damages so recovered, and which such
surety has been or will be obliged to pay, is not equal to the amount of
his liability, the amount thereof shall be allowed him in estimating the
extent of his liability in any such action. (RSMo 1939 § 3252)
Prior revisions: 1929 § 2864; 1919 § 1014; 1909 § 1221
Whenever a judgment shall be obtained on an official bond
against principal and sureties, a direction shall be endorsed on the
execution, by the plaintiff or his attorney, to levy the amount, in the
first place, on the property of the principal; and if sufficient property
of such principal cannot be found to satisfy such execution, then to levy
the deficiency on the property of the sureties. (RSMo 1939 § 3253)
Prior revisions: 1929 § 2865; 1919 § 1015; 1909 § 1222
If several judgments be obtained at the same term upon any
official bond for damages, amounting in the whole to more than the sum
for which sureties therein are liable, the court shall order the money
levied on such judgments from the property of the sureties to be
distributed to the relators, respectively, on such judgments, in
proportion to the amount of their respective recoveries. (RSMo 1939 §
3254)
Prior revisions: 1929 § 2866; 1919 § 1016; 1909 § 1223
If executions be issued upon such several judgments obtained at
the same term, and sufficient money shall not be made to satisfy all the
executions, the court shall distribute the money collected thereon to the
relators, in proportion to their respective recoveries. (RSMo 1939 § 3255)
Prior revisions: 1929 § 2867; 1919 § 1017; 1909 § 1224
The provisions of this chapter in relation to suits on official
bonds shall apply as well to suits on bonds of personal representatives,
guardians, conservators and others required by law to give bond, with
conditions for the performance of any duty or trust, as to suits on bonds
of officers; and the persons aggrieved may prosecute suits in the same
manner, and with like effect, and shall be subject, in all respects, to
the provisions herein contained in respect to suits on official bonds,
and the court shall possess the same power in relation to such suits.
(RSMo 1939 § 3256, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2868; 1919 § 1018; 1909 § 1225
In all actions brought upon bonds in which there is a condition
or defeasance, by which the same is to become void on the payment of a
less sum, the plaintiff shall set out the condition in his petition, and
may assign as many breaches as he may think proper. (RSMo 1939 § 3263)
Prior revisions: 1929 § 2876; 1919 § 1026; 1909 § 1233
The defendant in such action may plead payment of the principal
sum and interest due by the condition of such bond, before the
commencement of such action, although the payment was not strictly
according to such condition. (RSMo 1939 § 3264)
Prior revisions: 1929 § 2877; 1919 § 1027; 1909 § 1234
Whenever any action shall be pending on such bond, the defendant
may, at any time before judgment rendered in such action, pay to the
plaintiff, or bring into court for the plaintiff's use, the principal sum
and interest due on such bond, together with costs in such action, and
thereupon such action shall be discontinued. (RSMo 1939 § 3265)
Prior revisions: 1929 § 2878; 1919 § 1028; 1909 § 1235
If judgment be rendered on any such bond, such judgment shall be
rendered for the sum really due, according to such condition, with
interest and costs, and execution shall issue thereon accordingly. (RSMo
1939 § 3266)
Prior revisions: 1929 § 2879; 1919 § 1029; 1909 § 1236
When an action shall be prosecuted in any court upon any bond
for the breach of any condition other than the payment of money, or shall
be prosecuted for any penal sum for the nonperformance of any covenant or
written agreement, the plaintiff, in his petition, shall assign the
specific breaches for which the action is brought. (RSMo 1939 § 3267)
Prior revisions: 1929 § 2880; 1919 § 1030; 1909 § 1237
Upon the trial of such action, if the jury find that any
assignment of such breach is true, they shall assess the damages
occasioned by the breach in addition to their finding on any other
question of fact submitted to them. (RSMo 1939 § 3268)
Prior revisions: 1929 § 2881; 1919 § 1031; 1909 § 1238
If, in such action, the plaintiff shall obtain judgment upon
motion to dismiss, by confession or default, the court shall make an
order therein that the truth of the breach assigned be inquired into, and
the damages sustained thereby be assessed at the same or the next term,
and the court shall proceed therein in the same manner as in other cases
of inquiry of damages. (RSMo 1939 § 3269, A. 1949 H.B. 2125)
Prior revisions: 1929 § 2882; 1919 § 1032; 1909 § 1239
In every such action, if the plaintiff recover, the verdict
assessing the damages shall be entered on the record, and judgment shall
be rendered for the penalty of the bond, or for the penal sum forfeited,
as in other actions, together with costs of suit, and with a further
judgment that the plaintiff have execution for the damages so assessed,
which damages shall be specified in the judgment. (RSMo 1939 § 3270)
Prior revisions: 1929 § 2883; 1919 § 1033; 1909 § 1240
The execution on such judgment shall be in the usual form,
reciting the recovery, and directing the sheriff to levy the amount of
damages so assessed, which amount shall be stated, with interest thereon
from the time of such assessment, and the costs of such suit. (RSMo 1939
§ 3271)
Prior revisions: 1929 § 2884; 1919 § 1034; 1909 § 1241
The judgment rendered for the penalty of the bond sued on, or
for the penal sum forfeited, shall remain as a security for any damages
that may be thereafter sustained by the further breach of any condition
of such bond, or the nonperformance of any other covenant or written
agreement by the defendant, the performance of which was secured by such
penal sum. (RSMo 1939 § 3272)
Prior revisions: 1929 § 2885; 1919 § 1035; 1909 § 1242
Whenever such further breaches shall occur, the plaintiff, or
his personal representative, may have a scire facias upon such judgment,
suggesting such breaches against the defendant and all parties bound
thereby, and commanding that they be summoned to show cause why execution
should not be had upon such judgment for the amount of the damages
sustained by such further breaches. (RSMo 1939 § 3273)
Prior revisions: 1929 § 2886; 1919 § 1036; 1909 § 1243
The like proceedings to ascertain such damages shall be had upon
such writ as herein provided in the first instance; and if the plaintiff
recover, judgment shall be rendered that the plaintiff have execution to
collect the amount of damages assessed and costs. (RSMo 1939 § 3274)
Prior revisions: 1929 § 2887; 1919 § 1037; 1909 § 1244
The execution issued on such judgment shall have the like effect
and be proceeded on, in all things, as in the first instance; but the
judgment shall remain as a security for further breaches, and so on, as
often as occasion may require. (RSMo 1939 § 3275)
Prior revisions: 1929 § 2888; 1919 § 1038; 1909 § 1245
Whenever, in any action brought according to the provisions of
sections 522.160 to 522.290, the jury shall find that any assignment of
breach is not true, the same shall be a bar to any other or further suit
by scire facias, or otherwise, for the recovery of any damages alleged to
have been sustained by occasion of the same breaches so assigned. (RSMo
1939 § 3276)
Prior revisions: 1929 § 2889; 1919 § 1039; 1909 § 1246
Every person furnishing material or performing labor, either as
an individual or as a subcontractor for any contractor, with the state,
or any county, city, town, township, school or road district, where bond
shall be executed as provided in section 107.170, RSMo, shall have the
right to sue on such bond in the name of the state, county, city, town,
township, school or road district, for his use and benefit, and in such
suit the plaintiff shall file a copy of such bond, certified by the party
or parties in whose charge such bond shall be, which copy shall, unless
execution thereof be denied under oath, be prima facie evidence of the
execution and delivery of the original; provided, however, this section
and section 107.170, RSMo, shall not be taken to in any way make the
state, county, city, town, township, school or road district liable to
such subcontractor, materialman or laborer to any greater extent than it
was liable under the law as it stood before the adoption originally of
said sections. (RSMo 1939 § 3278)
Prior revisions: 1929 § 2891; 1919 § 1041; 1909 § 1248
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