Legal Opinion

American Surety Co. v. State ex rel. Souers

Indiana Court of Appeals

Decided May 28, 1912No. 7,624PublishedCited by 8 opinions

Prom Whitley Circuit Court; Luke H. Wrigley, Judge. Action by the State of Indiana on the relation of Retta Souers and others against the American Surety Company of New York. Prom a judgment for plaintiffs, the defendant appeals.

1Opinion of the CourtHottel, C. J.

— Appellee Retta Souers is the wife, and the other appellees are the children of Thomas Souers, and this action was brought by the State, with said appellees as relators, to recover on a saloon-keeper’s bond, executed by John S. Brown as principal and appellant as surety.

The action is based on §8355 Burns 1908, §5323 R. S. 1881, and the breach or violation of duty by the principal of the bond relied on, as creating the liability alleged in the complaint, is the unlawful sale of liquor to said Thomas Souers at a time when he was intoxicated, resulting in a loss to the relators of their means…

2Cases cited44 opinions

  1. Deal v. StateIndiana Supreme Court · 1895
  2. Parker v. StateIndiana Supreme Court · 1894
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HilligossIndiana Supreme Court · 1908
  4. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GossettIndiana Supreme Court · 1909
  5. Continental Casualty Co. v. LloydIndiana Supreme Court · 1905

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3Cited by8 opinions

  1. Brown-Ketcham Iron Works v. George B. Swift Co.Indiana Court of Appeals · 1913
  2. Brown v. KempIndiana Court of Appeals · 1919
  3. State Ex Rel. Department of Financial Institutions v. SonntagIndiana Court of Appeals · 1935
  4. Meyers v. Winona Interurban Railway Co.Indiana Court of Appeals · 1914
  5. Jackson School Township v. State Ex Rel. GarrisonIndiana Supreme Court · 1932

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