Rapier v. Louisiana Equitable Life Insurance
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. JOHN ELLIOTT. The Louisiana Equitable Life Insurance Company brought ■ this action against Paine, Rapier and Eichet, to recover- • damages for the breach of a bond executed by Paine as principal, and Rapier and Fichet as sureties, on the 18th •day of December, 1869, payable to said insurance company, .and conditioned as follows: “Whereas, the Louisiana Equitable Life Insurance Company has appointed the said -John H.…
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Appeal from Circuit Court of Mobile. Tried before Hon. JOHN ELLIOTT. The Louisiana Equitable Life Insurance Company brought ■ this action against Paine, Rapier and Eichet, to recover- • damages for the breach of a bond executed by Paine as principal, and Rapier and Fichet as sureties, on the 18th •day of December, 1869, payable to said insurance company, .and conditioned as follows: “Whereas, the Louisiana Equitable Life Insurance Company has appointed the said -John H. Paine an agent of the company; now, if he shall well and truly pay over to said company, or their order, what moneys he…
1Opinion of the CourtStone, J.
We think the second appointment of Paine as agent of appellee, was, necessarily, a revocation of the first, or a concession that the first had terminated; and whether the terms of the second appointment varied from those of the first, or not, we do not think the sureties on the-bond given in the first appointment are bound for defaults: committed under the second.—Moore v. Madison County, 38 Ala. 670; Whitworth v. Oliver, 39 Ala. 286.
The second plea, among other things, sets up the first and *104second appointments, avers that the bond sued on was executed on the first appointment, and negatives…
2Cases cited7 opinions
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Lowther v. ChappellSupreme Court of Alabama · 1845
- Moore v. LeseurSupreme Court of Alabama · 1851
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3Cited by4 opinions
- W. T. Rawleigh Medical Co. v. HooksAlabama Court of Appeals · 1918
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884
- Graves v. &198tna Ins. Co. of Hartford, Conn.Supreme Court of Alabama · 1926
- Wapello State Savings Bank v. ColtonSupreme Court of Iowa · 1907