Legal Opinion
Cantrell v. National Surety Co.
Court of Appeals of Georgia
Decided December 23, 1932No. 22433PublishedCited by 11 opinions
1Opinion of the CourtSutton, J.
1. Where a public officer damages another by his acts colore officii or by his official misconduct, the surety on his official bond is not liable for any greater sum than the penal amount of the bond. Westbrook v. Moore, 59 Ga. 204; Green v. Taliaferro, 22 Ga. App. 27 (95 S. E. 312); State v. Ford, 5 Blackf. (Ind.) 392. An action on the bond against the officer and the surety is an action ex contractu.
2. The public officer would himself be liable in tort for any official misconduct or acts colore officii whereby the plaintiff was damaged, and in a recovery the plaintiff would not be…
2Cases cited5 opinions
- Phillips v. TaberSupreme Court of Georgia · 1889
- Westbrook v. MooreSupreme Court of Georgia · 1877
- Willis v. GalbreathSupreme Court of Georgia · 1902
- Spires v. SpiresCourt of Appeals of Georgia · 1923
- Green v. TaliaferroCourt of Appeals of Georgia · 1918
3Cited by11 opinions
- Hawkins v. National Surety Corp.Court of Appeals of Georgia · 1940
- LaHatte v. WaltonCourt of Appeals of Georgia · 1936
- Powell v. Fidelity & Deposit Co. of MarylandCourt of Appeals of Georgia · 1934
- Maryland Casualty Co. v. AlfordCourt of Appeals for the Tenth Circuit · 1940
- Barnes v. MendonsaCourt of Appeals of Georgia · 1964
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