Griffith v. Newell
Supreme Court of South Carolina
Before DantzlER, J., Anderson, October, 1903. Action by D. J. Griffith, superintendent of State penitentiary, against A. T. Newell and E. N. Geer. From judgment for defendants, plaintiff appeals. Mr. Rucker cites: Defendant waived stipulation as to notice by making payments: 15 Ark., 444; 7 Ency., 123; 5 la., 336; 2 Pet;, 102. Alteration does not discharge surety: 2 Brandt of Sur. Guard., secs. 386-387; 6 Met., 186; 5 Gill v. John., 314; 5 Irish E. R., 124; Murphy on Of.
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Before DantzlER, J., Anderson, October, 1903. Action by D. J. Griffith, superintendent of State penitentiary, against A. T. Newell and E. N. Geer. From judgment for defendants, plaintiff appeals. Mr. Rucker cites: Defendant waived stipulation as to notice by making payments: 15 Ark., 444; 7 Ency., 123; 5 la., 336; 2 Pet;, 102. Alteration does not discharge surety: 2 Brandt of Sur. Guard., secs. 386-387; 6 Met., 186; 5 Gill v. John., 314; 5 Irish E. R., 124; Murphy on Of. Bonds, sec. 757; 5 S. C., 201; 4 Mey. Fed. D., 738. Charge on facts: 26 S. C., 160; 27 S. C., 549; 28 S. C., 4; 29 S. G,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff brought this action against defendant, Newell, as principal and defendant, Geer, as surety for breach of a bond given to secure performance of Newell’s contract with plaintiff’s successor, W. A. Neal, as superintendent of the South Carolina penitentiary, for the hire of convicts for three years, 1899, 1900, 1901. The balance claimed to be due was $169.03 for hire of fourteen convicts and salary of guard for the months of November and December, 1901. As one of their defenses, defendants alleged as a set off, damages to…
2Cases cited3 opinions
- Kingman v. Lancashire Ins.Supreme Court of South Carolina · 1899
- Copeland v. Western Assurance Co.Supreme Court of South Carolina · 1895
- Carolina Grocery Co. v. MooreSupreme Court of South Carolina · 1902
3Cited by20 opinions
- Lawson v. HelmichWashington Supreme Court · 1944
- Champion v. WhaleyCourt of Appeals of South Carolina · 1984
- Hyder v. Metropolitan Life Insurance Co.Supreme Court of South Carolina · 1937
- University Properties, Inc. v. MossWashington Supreme Court · 1964
- Hopkins v. Northwestern National Life InsuranceWashington Supreme Court · 1906
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