Saint v. Wheeler & Wilson Manufacturing Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Colbert. Tried before tbe Hon. HeNRY C. Speake. Tbis action was brought by tbe Wheeler & Wilson Manufacturing Company, a corporation chartered under tbe laws of Connecticut, against R. F. Saint, A. J. Crossthwaite, C. M. Wright, J. F. Hall, and J. R. Spragins; was commenced on tbe 9th August, 1888, and was founded on tbe defendants’ written contract under seal, which was dated September 19th, 1887, and in these words : “For value received,…
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Appeal from tbe Circuit Court of Colbert. Tried before tbe Hon. HeNRY C. Speake. Tbis action was brought by tbe Wheeler & Wilson Manufacturing Company, a corporation chartered under tbe laws of Connecticut, against R. F. Saint, A. J. Crossthwaite, C. M. Wright, J. F. Hall, and J. R. Spragins; was commenced on tbe 9th August, 1888, and was founded on tbe defendants’ written contract under seal, which was dated September 19th, 1887, and in these words : “For value received, and in consideration of the within contract, R. F. Saint, of Leigh-ton, Colbert county, Alabama,” and the other…
1Opinion of the Court
. McCLELLAN, J.
Tbe contract sued on is not a guaranty, but one of suretyship. Crossthwaite and tbe other defendants, who undertake that Saint shall faithfully perform bis contract with tbe company, are sureties of Saint, and not guarantors. Tbe distinction between tbe two classes of undertakings is often shadowy, and often not observed by judges and text-writers; but that there is a substantive distinction, involving not infrequently important consequences, is, of course, not to be doubted. It seems to lie in this: that when tbe sponsors for another assume a primary and direct liability,…
2Cases cited20 opinions
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Ryan v. MortonTexas Supreme Court · 1886
- The People v. . VilasNew York Court of Appeals · 1867
- Graves v. Lebanon National BankCourt of Appeals of Kentucky · 1873
- Franklin Bank v. CooperSupreme Judicial Court of Maine · 1853
15 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- First National Bank v. Fidelity & Deposit Co.Supreme Court of Alabama · 1906
- Musgrove v. Luther Publishing Co.Court of Appeals of Georgia · 1908
- Alabama Fidelity & Casualty Co. v. Alabama Penny Sav. BankSupreme Court of Alabama · 1917
39 more not listed; retrieve them via the Exa API.