National Surety Co. v. Citizens' Light, Heat & Power Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Citizens’ Light, Heat & Power Company and others against the National Surety Company on an injunction bond. Judgment for plaintiffs, and defendant appeals. The facts sufficiently appear from the opinion.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the Citizens’ Light, Heat & Power Company and others against the National Surety Company on an injunction bond. Judgment for plaintiffs, and defendant appeals. The facts sufficiently appear from the opinion. The following charges were refused to defendant: (7) You should not consider the amount which Doherty & Co. agreed to pay for the stock in question as any evidence of the market value of the property. (8) You should not consider the amount which Tillis paid or agreed to pay for the stock in question as any…
1Opinion of the CourtThomas, J.
The suit was against the National Surety Company for the breach of the condition of an injunction bond made by the defendant as surety for Henry L. Doherty & Co., a partnership composed, of Henry L. Doherty and Frank B. Frueauff.
During the year 1910, Doherty & Co. owned an electric light and power plant in Montgomery, and made a contract with Alex Rice to purchase a Controlling amount of stock in the electrie light and power plant owned and controlled by said Rice, with stipulation to make payment for the same on or before the 15th iday of June, of that year. On the 16th day of June, 1910,…
2Cases cited36 opinions
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Steiner Bros. v. TranumSupreme Court of Alabama · 1893
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
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3Cited by16 opinions
- Cartwright v. HughesSupreme Court of Alabama · 1933
- Alabama Great Southern R. Co. v. RandleSupreme Court of Alabama · 1927
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Obear-Nester Glass Co. v. Mobile Drug Co.Supreme Court of Alabama · 1922
- Harvey v. BodmanSupreme Court of Alabama · 1925
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