Legal Opinion

Sayre v. McIntosh

West Virginia Supreme Court

Decided April 17, 1917Published

Error to Circuit Court, Jackson County. Action of debt on a bond of indemnity by T. J. Sayre, receiver, against C. L. McIntosh and others. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

Lynch, President:

This is an action of debt on a bond of indemnity, the judgment in which, rendered by default, is before hs for review upon assignments of error which may be classified under three headings: first, the insufficiency of the proceedings at rules; second, surprise; and, third, insufficiency of the declaration to sustain the judgment.

The instrument on which plaintiff declares is an undertaking by the Citizens Trust & Guaranty Company of West Virginia as surety to reimburse the- Bank of Ravenswood in an amount not to exceed ten thousand dollars for any loss of money, securities or'…

2Cases cited14 opinions

  1. Hill v. WoodwardSupreme Court of Virginia · 1884
  2. Baylor v. B. & O. R. R.West Virginia Supreme Court · 1876
  3. Darnell v. FlynnWest Virginia Supreme Court · 1911
  4. Ferguson's Adm'r v. TeelSupreme Court of Virginia · 1886
  5. Gallatin Land, Coal & Oil Co. v. DavisWest Virginia Supreme Court · 1897

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