Legal Opinion

May v. Alabama National Bank

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 2 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a suit by the appellee, the Alabama National Bank, upon a bond given by John A. Gauger & Co., as principals, and L. A. May and C. E. Thomas as sureties. All three of the obligors on said bond were originally made parties defendant to said suit, but the suit was afterwards dismissed as to John A. Gauger & Co., because not served.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was a suit by the appellee, the Alabama National Bank, upon a bond given by John A. Gauger & Co., as principals, and L. A. May and C. E. Thomas as sureties. All three of the obligors on said bond were originally made parties defendant to said suit, but the suit was afterwards dismissed as to John A. Gauger & Co., because not served. The consideration and the condition of said bond are copied in the opinion. The plaintiff claimed $100 due by defendants for the breach of said bond; and the complaint, after…

1Per curiam

The demurrer to the complaint should have been sustained. The bond sued on was á' common law and not a statutory obligation. It is a familiar principle that a surety, though bound equally with the principal, stands in a purely voluntary and gratuitous relation, and that the extent, of the liability incurred by him is that expressed, or necessarily included in the words used in the contract or obligation. To the extent, and in the manner stated in the contract,' he is bound and no further. It must be strictly construed according to the letter of the undertaking. — City Council of Montgomery v.…

2Cases cited2 opinions

  1. City Council v. HughesSupreme Court of Alabama · 1880
  2. Crescent Brewing Co. v. HandleySupreme Court of Alabama · 1890

3Cited by2 opinions

  1. Manatee County State Bank v. WeatherlySupreme Court of Alabama · 1905
  2. Bright v. MackSupreme Court of Alabama · 1916

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