Mackay v. Dodge
Supreme Court of Alabama
Error to tho Circuit Court of Barbour. This was an action of covenant by the defendants against the plaintiffs in error, upon the following instrument: « John Mackay as. principal, and Hugh McDonald as security, bind themselves, and agree to give their promissory note, payable to Dodgo, Kolb & McKay, twelve months from the date hereof, for whatever sum the abisrators, chosen this day, by Dodge, Kolb & McKay and John Mackay, to settle and determine certain matters in…
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Error to tho Circuit Court of Barbour. This was an action of covenant by the defendants against the plaintiffs in error, upon the following instrument: « John Mackay as. principal, and Hugh McDonald as security, bind themselves, and agree to give their promissory note, payable to Dodgo, Kolb & McKay, twelve months from the date hereof, for whatever sum the abisrators, chosen this day, by Dodge, Kolb & McKay and John Mackay, to settle and determine certain matters in controversy between them, may decree, which sum is to be added to the sum of two notes payable to Kolb & McKay, and the lawful…
1Opinion of the CourtOrmond, J.
The objection to the declaration cannot prevail. This cause was here at the last June term, brought by the present defendants in error against the present plaintiff in error, when it was held that the declaration was sufficient, and whatever may be its merits or demerits, it cannot now be enquired into, as the previous decision, affirming its sufficiency, is the law of this case.
The question upon the bill of exceptions is, whether McDonald, the surety, is bound by the award made by the abitrators selected pursuant to the parol agreement entered into by the attornies of the parties. • •
A…
2Cited by13 opinions
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- White's Adm'r v. Life Ass'n of AmericaSupreme Court of Alabama · 1879
- Schuster v. WeissSupreme Court of Missouri · 1893
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
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