Anderson v. Bellenger & Ralls
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Bellenger & Balls, suing as partners, against James Lancaster, T. M. Anderson, F. M. Beeves, and W. L. Aycock; was founded on a statutory claim bond, which was signed by said Lancaster as principal, and by the other defendants as his sureties; and was commenced on the 16th August, 1888. The plaintiffs had commenced a suit in detinue against one G. W. Lancaster, for 3,000…
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Bellenger & Balls, suing as partners, against James Lancaster, T. M. Anderson, F. M. Beeves, and W. L. Aycock; was founded on a statutory claim bond, which was signed by said Lancaster as principal, and by the other defendants as his sureties; and was commenced on the 16th August, 1888. The plaintiffs had commenced a suit in detinue against one G. W. Lancaster, for 3,000 lbs. of seed-cotton; and áfter the cotton was seized by the sheriff, a statutory claim to it was interposed by said…
1Opinion of the CourtMcCLELLAN, J.
The contract of, suretyship must be strictly construed, in favor of the surety. His obligation is voluntary, without any consideration moving to him, without benefit to him, entered into for the accommodation of his principal, and generally, also, for that of the obligee; and courts see to it that his liabilities thus incurred are not enlarged beyond the strict letter of his undertaking. To the extent, and in the manner, and under the circumstances pointed out in his obligation, he is bound, and no further. His contract can not be changed in any respect. Whether an alteration is or is not to…
2Cases cited15 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- City Council v. HughesSupreme Court of Alabama · 1880
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- McNeel Marble Co. v. RobinetteSupreme Court of Alabama · 1953
- Alabama State Land Co. v. ThompsonSupreme Court of Alabama · 1894
- Green v. SneedSupreme Court of Alabama · 1893
- Rudulph v. BrewerSupreme Court of Alabama · 1892
17 more not listed; retrieve them via the Exa API.