Brown Guano Co. v. Coker
Court of Appeals of Georgia
Action on bond; from city court of Dawson — Judge M. C. Edwards. 'January 21, 1913. Tbe Brown Guano Company, for the use of A. J. Hill, foreclosed a crop mortgage against E. C. Coker and Mrs. E. C. Coker. Hpon the levy of the fi. fa. the defendant Mrs. Coker filed an .affidavit of illegality and gave to the levying officer a forthcoming bond. Suit for a breach of the bond was brought against the principal and the surety.
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Action on bond; from city court of Dawson — Judge M. C. Edwards. 'January 21, 1913. Tbe Brown Guano Company, for the use of A. J. Hill, foreclosed a crop mortgage against E. C. Coker and Mrs. E. C. Coker. Hpon the levy of the fi. fa. the defendant Mrs. Coker filed an .affidavit of illegality and gave to the levying officer a forthcoming bond. Suit for a breach of the bond was brought against the principal and the surety. Mrs. Coker answered denying liability, and, by an amendment to her answer, alleged that when the fi. fa. was levied upon the property mentioned in the bond, she filed an…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
I. The trial judge did not err in overruling the demurrer to thé amendment to the answer. While the general rule is that in suits on forthcoming bonds the title to the property levied upon is not involved, yet it is incumbent upon the plaintiff'to prove not only a breach of the bond, but also that the breach has resulted in damage to him. “In order for a levying officer suing for the use of a plaintiff in fi. fa. on a forthcoming bond to recover, he must show both breach and damage.” Breach of the bond is shown by proof that the property was not delivered…
2Cases cited4 opinions
- Williams v. HerringtonCourt of Appeals of Georgia · 1912
- Lackey v. MizeSupreme Court of Georgia · 1885
- Grace v. FinleysonCourt of Appeals of Georgia · 1912
- Jones v. SpillersCourt of Appeals of Georgia · 1911
3Cited by5 opinions
- Dixon v. Cassels Co.Court of Appeals of Georgia · 1925
- Continental Casualty Co. v. Bibb Chevrolet Co.Court of Appeals of Georgia · 1934
- Hiatt v. TurnerCourt of Appeals of Georgia · 1934
- Coker v. Brown Guano Co.Court of Appeals of Georgia · 1916
- Continental Casualty Co. v. Bibb Chevrolet Co.Court of Appeals of Georgia · 1934