Guarantee Co. of North America v. Pitts
Mississippi Supreme Court
From the circuit court of Sunflower county. Hon. Frank E. Larkin, Judge. The guarantee company, appellant, was plaintiff in the court below; Pitts, the appellee, was defendant there. From a verdict, in pursuance of a peremptory instruction, and judgment in the court below in defendant’s favor, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of Sunflower county. Hon. Frank E. Larkin, Judge. The guarantee company, appellant, was plaintiff in the court below; Pitts, the appellee, was defendant there. From a verdict, in pursuance of a peremptory instruction, and judgment in the court below in defendant’s favor, the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. There can be no question but that the appellant would not have become surety on the bond in question had Pitts refused to sign the application which appellant required him to sign before making his bond for…
1Opinion of the CourtTerral, J.
The appellee applied to the Guaranty Company of North America to guarantee him in the sum of $500 as an employe of the Southern Express Company, and to obtain the security sought, he answered certain questions, which he declared to be true, and stipulated further as follows: “In consideration of the issue of the bond hereby applied for, I agree to protect and immediately indemnify the said Guaranty Company of North *841America against any loss, damage, or expense it may sustain or become liable for in consequence of such guarantee, or any renewal thereof, hereby admitting the voucher or other…
2Cited by15 opinions
- Glenn H. Engbrock, Glenn H. Engbrock, Inc. And Encon Construction, Inc. v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1967
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- Horne v. State Building CommissionMississippi Supreme Court · 1958
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Carroll v. National Surety Co.Court of Appeals for the D.C. Circuit · 1928
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