Fidelity & Deposit Co. of Maryland v. Fleming
Supreme Court of North Carolina
ActioN by the Fidelity & Deposit Company of Maryland . against S. A. Fleming, heard by Judge Walter H. Neal, at February Term, 1902, of the Superior Court of Granville County.
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ActioN by the Fidelity & Deposit Company of Maryland . against S. A. Fleming, heard by Judge Walter H. Neal, at February Term, 1902, of the Superior Court of Granville County. This action was brought by the plaintiff to recover of the defendant the sum of $135, the amount of the premium alleged to be due the plaintiff for becoming surety on his bond as sheriff, and was tried in the court below upon the following statement of facts, to which the parties agreed: 1. That the defendant was duly elected sheriff of Gran-ville County, N. C., on August 2d, 1900, for the term of two years from…
1Opinion of the Court
Walker, J.,
after stating the facts. The only question presented for our decision is whether the Board of Commissioners had the power to release the plaintiff from any and all liability on the bond that might have arisen after the date of the release. If it bad not the power to do so, the plaintiff is entitled to recover the amount of the premium, but if it did have the power, it is not entitled to recover. This seems to have been conceded in the argument.
It will be observed that the condition of the sheriff’s bond secures the faithful performance of his official duties during the entire term…
2Cases cited11 opinions
- State Ex Rel . Bd., Com. of Bladen Co. v. . ClarkeSupreme Court of North Carolina · 1875
- Clark v. American Surety Co.Illinois Supreme Court · 1897
- Richter v. Estate of LeibyWisconsin Supreme Court · 1898
- Pickens v. . MillerSupreme Court of North Carolina · 1880
- Wood v. WilliamsSupreme Court of Missouri · 1875
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3Cited by16 opinions
- Lawrence v. American Surety Co.Michigan Supreme Court · 1933
- State Ex Rel. Lee v. MartinSupreme Court of North Carolina · 1924
- School District v. AdamsNebraska Supreme Court · 1949
- Massachusetts Bonding & Insurance v. State Ex Rel. SummersIndiana Court of Appeals · 1925
- Hearne v. Stanly CountySupreme Court of North Carolina · 1924
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