Page:Federal Reporter, 1st Series, Volume 6.djvu/816

 80e federal befobteq. �Singer Manxjf'o Co. v. Hestee and others. �{Circuit Court, W. B. Missouri, W. D., 1881.J �1. Sewing Machini! Agbnt's Bonds— Construction of Contempoea- �NBOUB Writings. �Where there is nothing in the bond or the contract of agency to show that the two instruments were to be taken as part of the same transaction, and both instruments can stand together and have full eflect, paroi proof cannot be introduced to limit the liabilities of the sureties in the bonds to transactions growing out of the agent's em- ployment under the particular contract alone. �2. Relbasb of Bond by Agent. �The expression of opinion by un agent of the plaintiffs that the exe- cution of a new agreement between the principal and agent, by which the character of the employment was changed, released the sureties, did not amount to a contract of release, in the absence of au^ a"thor- ity to make such a contract. �Submitted upon Motion for New Trial. �Action was brought upon a bond executed by defendants to plaintiff in the penal sum of |2,000, dated the fifteenth of May, 1872, and conditioned as follows: "The condition of the above obligation is such that if the above-bounden Joel Hester, Levi Oren, M. Saville, and Zimri Hester, their heirs, executors, or administrators, shall well and truly pay, or cause to be paid, every indebtedness or liability nowexisting, or which may hereafter in any manner exist, or be incurred, on the part of said Joel Hester to the said Singer Manufac- turing Company, whether such indebtedness or liability shall exist in the shape of book-accounts, notes, renewals, or ex- tension of notes or accounts, acceptances, indorsements, or otherwise, (hereby waiving presentments for payment, notice of non-payment, protest and notice of protest, and diligence upon ail notes now or hereafter indorsed, transferred, guar- antied, or assigned by the said Joel Hester to the said Singer Manufacturing Company,) then this obligation to be Yoid, but otherwise to remain in full force and efifect." �The petition alleges a breach of the condition of the bond, in that defendant Joel Hester did contract. certain debts to ��� �