Dampskibsaktieselskabet Habil v. United States Fidelity & Guaranty Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee against the appellant and others. The facts o'f the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellee against the appellant and others. The facts o'f the case are sufficiently stated in the opinion. The creditor cannot be compelled to exhaust his remedy against the principal debtor before resorting to the surety is settled in the very early history of this State. — Abercrombie v. Knox, Snodgrass, et als., 3 Ala. p. 729; Bank of the State of Alabama v. Q-oden & Lowry, 15 Ala. 616; Skinner v. Barney, 19 Ala. 698. The bond in this case was not merely for the payment of…
1Opinion of the CourtMcCLELLAN, C. J.
It appears from the bill in this case, as amended, that the appellee here was surety upon the bond of Thomas-Bailey Machine Works for the faithful performance of a contract entered into by the principal with the Dampskibsaktieselskabet Hábil, a corporation under the laws of the Kingdom of Norway. That corporation on the 19th day of June, 1900, instituted a suit against appellee as surety on the bond and after a contest by the surety, obtained judgment against it for the sum of $2,381.90, and execution had been issued on the judgment. It further appears that on the 12th day of November, 1900,…
2Cases cited6 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Riley v. StallworthSupreme Court of Alabama · 1876
- Bank of Alabama v. GoddenSupreme Court of Alabama · 1849
- M'Grew v. Tombeckbee BankSupreme Court of Alabama · 1837
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3Cited by7 opinions
- Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
- Davies v. SimpsonSupreme Court of Alabama · 1918
- Ewing v. Bay Minette Land Co.Supreme Court of Alabama · 1936
- Whittle v. ClarkSupreme Court of Alabama · 1929
- Ex Parte Water Works Bd. of Gulf ShoresSupreme Court of Alabama · 1987
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