Guerrant v. Smith
Mississippi Supreme Court
Error to tile circuit court of Clarke county. Hancock, J. All the facts necessary to a full understanding of the case are found in the opinion of the court. Cited 2 Phill. Ey., p. 162, note 225 ; 1 Saund. 327 a; Vaile y. Troy and Boston R. R., 20 N. Y. 187; Rison v. Berry, 4 Rand. 275; Beck y. Sargent, 4 Taunt. 232; 2 Johns. Ch. 352; Ott v. Schroeppell, 5 N. Y. 491; Jenkins v. Meagher, 46 Miss. 93. 1. The liability of the sureties is distinctly limited by the bond.
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Error to tile circuit court of Clarke county. Hancock, J. All the facts necessary to a full understanding of the case are found in the opinion of the court. Cited 2 Phill. Ey., p. 162, note 225 ; 1 Saund. 327 a; Vaile y. Troy and Boston R. R., 20 N. Y. 187; Rison v. Berry, 4 Rand. 275; Beck y. Sargent, 4 Taunt. 232; 2 Johns. Ch. 352; Ott v. Schroeppell, 5 N. Y. 491; Jenkins v. Meagher, 46 Miss. 93. 1. The liability of the sureties is distinctly limited by the bond. By its plain terms they were only bound for their principal’s performance of an award to be made by Terral and Moody alone. It is…
1Opinion of the Court
Peyton, C. J.:
On the 23d day of January, 1866, A. J. Guerrant and Melancthon Smith entered into a written agreement to submit certain matters in difference between them to the arbitrament and award of Martin L. Moody and S. H. Terral, with authority to them, in case of their disagreement, to select a third party to act with them in the determination of the matters referred to them. And the said arbitrators, not being able to agree, in pursuance of the power and authority thus given them by the agreement of submission, selected and chose George M. Massengale to sit with them in determining the…
2Cases cited2 opinions
- Battey v. ButtonNew York Supreme Court · 1816
- Sayward v. Inhabitants of AlfredMassachusetts Supreme Judicial Court · 1809