Barney v. Daniels
Indiana Supreme Court
APPEAL from the Marion Civil Circuit Court. This was an action upon an obligation executed by H. W. Daniels, as principal, and the other defendants as his sureties, to the plaintiff, as President of the United States Express Company, dated January 18th, 1860. The obligation was a joint and several one, and in the penal sum of twenty-five hundred dollars.
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APPEAL from the Marion Civil Circuit Court. This was an action upon an obligation executed by H. W. Daniels, as principal, and the other defendants as his sureties, to the plaintiff, as President of the United States Express Company, dated January 18th, 1860. The obligation was a joint and several one, and in the penal sum of twenty-five hundred dollars. It recited the appointment of Henry 'W. Daniels as agent at Indianapolis, of the express company, and was conditioned that he should faithfully perform his duties as such agent, so that no loss or damage should occur directly or indirectly to…
1Opinion of the CourtElliott, J.
The questions presented in the case are, first, as to the sufficiency of the statement filed by the express, company in the recorder’s office, under the act of the legislature; and second, if the statement is not a substantial compliance with the act, is that fact sufficient to defeat the appellant’s right to recover on the bond, under the facts presented by the finding of the court?
The act referred to provides, “Sec. 1. That all persons, association of persons, or companies, usually called express; *23companies, regularly engaged, or hereafter to he engaged' in the business of carrying or…
2Cited by3 opinions
- United States Express Co. v. LucasIndiana Supreme Court · 1871
- Massachusetts Bonding & Ins. Co. v. GottliebTexas Commission of Appeals · 1929
- United States Life Ins. v. AdamsU.S. Circuit Court for the District of Indiana · 1873