Evans v. Daughtry

There is no conflict in the testimony in this case. It fully proves that Evans signed the bond conditionally, and left it with Eaney, his principal, with the understanding and instruction, that he was not to become a surety on the bond, unless Pearson and Scott became co-sureties with him. In other words, it was left with him as an escrow. ‘ Neither Pearson nor Scott signed the bond, and it results, if there is nothing else in the transaction, that Evans is not bound as a surety on the bond. — Bibb v. Reid, 3 Ala. 88; Guild v. Thomas, 54 Ala. 414; Marks v. First National Bank, 79 Ala. 550;…