White's Adm'r v. Life Ass'n of America
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 20th May, 1879, by James T. Neville, as the personal representative of Worley White, deceased, against the Life Association of America, a corporation chartered under the laws of Missouri; and sought to enjoin a sale of lands under a power contained in a mortgage, and to have the mortgage cancelled and annulled, on the ground that the defendant was only a…
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 20th May, 1879, by James T. Neville, as the personal representative of Worley White, deceased, against the Life Association of America, a corporation chartered under the laws of Missouri; and sought to enjoin a sale of lands under a power contained in a mortgage, and to have the mortgage cancelled and annulled, on the ground that the defendant was only a surety on the note which it was given to secure, and was discharged from liability on the note under the facts stated in the…
1Opinion of the CourtBbickell, C. J.
The contract of suretyship differs materially from that of a guarantor, bound by a separate, distinct contract from that of the principal, founded usually on another consideration, entitled to notice o.f the default of the principal, and not chargeable with non-performance until such notice is given. 1 Arising from joining in the making of a promissory note, joint and several in its terms, not nego*424tiable, the consideration moving only to the principal, it was defined in Evans v. Keeland, 9 Ala. 46, as “ a contract whereby one person engages to be answerable for the debt, default, or…
2Cases cited21 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Donley v. CampSupreme Court of Alabama · 1853
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hightower and Co., Inc. v. US Fidelity and Guaranty Co.Supreme Court of Alabama · 1988
- Tatum v. Commercial Bank & Trust Co.Supreme Court of Alabama · 1915
- Hamlen v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1935
- Reddick v. LongSupreme Court of Alabama · 1899
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
13 more not listed; retrieve them via the Exa API.