Charlotte, Columbia & Augusta Railroad v. Gow
Supreme Court of Georgia
Principal and security. Principal and agent. Corporations. Before Judge Gibson. Richmond Superior Court. October Term, 1876. The pleadings are sufficiently stated in the opinion.
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Principal and security. Principal and agent. Corporations. Before Judge Gibson. Richmond Superior Court. October Term, 1876. The pleadings are sufficiently stated in the opinion. The plaintiff introduced in evidence the bond sued on, dated November 21,1871. Also the report of the auditor appointed in the case, who found that R. Habersham Wylly, as principal, was indebted to the plaintiff on an account running from November, 1871, to October, 1874, balance of $6,346.06. Wylly testified before the auditor, in substance, as follows: Became agent of plaintiff in November, 1871. At first, made…
1Opinion of the Court
Bleckley, Judge.
The action (commenced March 11th, 1874,) is by a corporation, the obligee in a bond, against the obligors, Wylly as principal, and Gow and another Wylly as sureties. The bond bears date November 21st, 1871, is in the penal sum of five thousand dollars, and the obligors are bound, jointly and severally, for the payment thereof; the obligation, however, to be void on condition that the obligor Wylly, (the principal,) shall well and faithfully execute, perform and discharge all the duties as agent of the corporation, and shall require all the freight charges and passenger fares…
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