Missouri Revised Statutes, Chapter 522 — Actions on Bonds

Current through the 2025 Cumulative Supplement to the 2016 Revised Statutes of Missouri.

Uncertified and unofficial text published by the Missouri Revisor of Statutes.

Title XXXVI Statutory Actions and Torts

Chapter 522 Actions on Bonds

OFFICIAL BONDS

§ 522.010 Persons injured may proceed against principals or sureties, how

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 the department of commerce and insurance, liable on bond for deposits, actions, 375.470

Sheriff's bond, action on, how brought, 57.160, 57.170

§ 522.020 Suits on official bonds — in whose name to be brought

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, 361.180

§ 522.030 Pleadings and proceedings

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

§ 522.040 When judgment operates as a bar

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

§ 522.050 Any party aggrieved may sue

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

§ 522.060 When parties may again prosecute

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

§ 522.070 No scire facias shall issue

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

§ 522.080 Action to use of party a private action

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

§ 522.090 Suit not barred, when

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

§ 522.100 When defendant discharged from further liability

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

§ 522.110 Proceedings in estimating surety's liability

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

§ 522.120 Judgment, how satisfied

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

§ 522.130 When proceeds distributed pro rata

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

§ 522.140 Proceeds, how distributed

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

§ 522.150 Provisions of this chapter relating to official bonds shall apply to suits against executors and others

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

PENAL BONDS

§ 522.160 Actions on penal bonds

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

§ 522.170 What defendant may plead

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

§ 522.180 Tender of amount in court — discontinuance of action

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

§ 522.190 Judgment, how rendered

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

§ 522.200 Bonds with collateral condition — action on, assignment of breaches

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

§ 522.210 Jury to assess damages

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

§ 522.220 Inquiry of damages

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

§ 522.230 Verdict and judgment

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

§ 522.240 Execution, form of

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

§ 522.250 Judgment to remain as security for other breaches

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

§ 522.260 Scire facias to issue, when

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

§ 522.270 Proceedings to obtain damages upon scire facias

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

§ 522.280 Effect of execution in proceeding by scire facias

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

§ 522.290 Verdict of jury a bar, when

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

BONDS OF CONTRACTORS FOR PUBLIC WORKS

§ 522.300 Suit on bond — proceedings

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, 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 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