Hall v. Equitable Surety Co.
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; J. F. Gautney, Judge; STATEMENT BY THE COURT. L. F. Cornelison on or about November 24, 1913, began working for the St. Louis & San Francisco Railroad Company as agent at Lepanto, Arkansas.- The St. Louis & San Francisco Railroad Company required the said Cornelison to execute to them a bond.
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Appeal from Poinsett Circuit Court; J. F. Gautney, Judge; STATEMENT BY THE COURT. L. F. Cornelison on or about November 24, 1913, began working for the St. Louis & San Francisco Railroad Company as agent at Lepanto, Arkansas.- The St. Louis & San Francisco Railroad Company required the said Cornelison to execute to them a bond. The Equitable Surety Company, a corporation under the laws of the State of Missouri, executed a bond on the 24th day of November, 1913, to the St. Louis & San Francisco Railroad Company in the sum of $500.00. ■ On the 23d day of April, 1914, appellants executed a bond…
1Opinion of the CourtWood, J.
(after stating the facts). Section 7921, Kirby’s Digest, provides: “Any person bound as surety for 'another in any bond, bill or note for the payment of money or the delivery of property may at any time after action hath accrued thereon by notice in writing require the person having such right of action forthwith to commence suit against the principal debtor and other party liable.”
Section 7922 provides: “If such suit be not commenced within thirty days after the service of such notice and proceeded in with due diligence, in the ordinary course of law to judgment and execution, such surety…
2Cases cited2 opinions
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Town of Monticello v. Cohn & KuhnSupreme Court of Arkansas · 1886
3Cited by13 opinions
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- Westville Land Co. v. HandleSupreme Court of New Jersey · 1934
- Mellon Nat. Bank v. Citizens Bank & Trust Co. of CamdenCourt of Appeals for the Eighth Circuit · 1937
- Howell v. CommissionerUnited States Board of Tax Appeals · 1931
- Briscol v. American Southern Trust Co.Supreme Court of Arkansas · 1928
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