Illinois Surety Co. v. Donaldson
Supreme Court of Alabama
Appeal from City Court of Birmingham; John C. Pugh, Judge. Action by Thomas B. Donaldson, receiver, etc., against the Illinois Surety Company and others. From judgment for plaintiff, defendant Surety Company appeals. This action is for the breach óf a surety company’s bond, given by appellant to the Employers’ Indemnity Company.
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Appeal from City Court of Birmingham; John C. Pugh, Judge. Action by Thomas B. Donaldson, receiver, etc., against the Illinois Surety Company and others. From judgment for plaintiff, defendant Surety Company appeals. This action is for the breach óf a surety company’s bond, given by appellant to the Employers’ Indemnity Company. The plaintiff is Donaldson, special deputy insurance commissioner of the state of Pennsylvania, who, in virtue of his office, is in charge of the liquidation of the Employers’ Indemnity Company, which formerly did business in Alabama. A. T. De Bow was the person whose…
1Opinion of the CourtMcOLKLLAN, J.
The complaint, original and as last amended, set out the bond of indemnity in htec verba; and, after final amendment, concluded thus:
“The plaintiff avers that said Employers’ Indemnity Company of Philadelphia complied with the conditions of said bond, but that the defendants failed to comply with the terms thereof in this: Said Employers’ Indemnity Company of Philadelphia sustained a loss of a large amount of money, to wit, $8,621.84, by an act or acts of larceny or embezzlement committed by the principal named in said bond in the performance of the duties of the office or position in the…
2Cases cited29 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Champion Ice Mfg. & Cold Storage Co. v. American Bonding & Trust Co.Court of Appeals of Kentucky · 1903
- Sanford v. HowardSupreme Court of Alabama · 1857
- McElroy v. PeopleIllinois Supreme Court · 1903
- Wall v. StateAlabama Court of Appeals · 1911
24 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Illinois Automobile Ins. Exch. v. Southern Motor Sales Co.Supreme Court of Alabama · 1922
- Home Ins. Co. v. PettitSupreme Court of Alabama · 1932
- Louis Pizitz Dry Goods Co. v. Fidelity & Deposit Co.Supreme Court of Alabama · 1931
13 more not listed; retrieve them via the Exa API.