United States Fidelity & Guaranty Co. v. Murphy
Court of Appeals of Georgia
Action on bond, from city court of Albany — Judge Crosland. September 14, 1907. In a suit on a forthcoming bond, Hobbs & Livingston obtained a Judgment against the Minnesota" Lumber Company; and execution was issued and levied upon certain personal property described in the levy and in the bond. This property was claimed by Clements, who executed a forthcoming bond, with the United States Fidelity and Guaranty Company as surety.
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Action on bond, from city court of Albany — Judge Crosland. September 14, 1907. In a suit on a forthcoming bond, Hobbs & Livingston obtained a Judgment against the Minnesota" Lumber Company; and execution was issued and levied upon certain personal property described in the levy and in the bond. This property was claimed by Clements, who executed a forthcoming bond, with the United States Fidelity and Guaranty Company as surety. Subsequently the claim, interposed by Clements was withdrawn and the property was readvertised for sale, and, not being produced at the time and place of sale, in…
1Opinion of the CourtHill, C. J.
1. The forthcoming bond executed by Clements, claimant, with the United States Fidelity and Guaranty Company as surety, was, by its express terms, “joint and severable,” and *18upon a breach of the bond- the obligee therein could sue either one or both of the obligors.
2. The ¡olea of non est factum as to the principal was properly stricken on demurrer. It is not necessary that the agent who executes a forthcoming bond for his principal should have written authority; neither is it necessary that such bond should be under seal; and the fact that the agent executes such bond under seal does not…
2Cases cited10 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Eyster v. GaffSupreme Court of the United States · 1876
- Wolf v. StixSupreme Court of the United States · 1879
- Carling v. Seymour Lumber Co.Court of Appeals for the Fifth Circuit · 1902
- Phillips v. SolomonSupreme Court of Georgia · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nicolai-Neppach Co. v. SmithOregon Supreme Court · 1936
- Steinhauer & Wight Inc. v. AdairCourt of Appeals of Georgia · 1917
- McCorkel v. Whitten & SonCourt of Appeals of Georgia · 1921
- Lovejoy v. LamarCourt of Appeals of Georgia · 1917
- Tattnall Bank v. SmithSupreme Court of Georgia · 1941