Legal Opinion

Campbell v. American Bonding Co.

Supreme Court of Alabama

Decided April 13, 1911PublishedCited by 21 opinions

Assumpsit. Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Jennie L. Campbell against James Hughes and the American Bonding Co., of Baltimore, Md., as surety for James Hughes as administrator of the estate of John Hughes, deceased. Judgment for defendant, and plaintiff appeals. It appears that James Hughes foreclosed a mortgage which he alleged belonged to the estate of his decedent and recovered thereon the sum of five thousand dollars.

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Assumpsit. Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Jennie L. Campbell against James Hughes and the American Bonding Co., of Baltimore, Md., as surety for James Hughes as administrator of the estate of John Hughes, deceased. Judgment for defendant, and plaintiff appeals. It appears that James Hughes foreclosed a mortgage which he alleged belonged to the estate of his decedent and recovered thereon the sum of five thousand dollars. The decree of foreclosure was appealed from by tbe present plaintiff, and tbe decree of foreclosure was reversed and…

1Opinion of the Court

McCLELLAN, J.-

Assumpsit, as for money bad and received, against a surety on an administrator’s bond.

Tbe liability of tbe surety sued must, of course, depend upon tbe liability of tbe principal, tbe personal representative as such. If tbe liability of tbe administrator is individual, personal, tbe surety cannot be held, for bis assurance is for tbe faithful performance of tbe administrator’s duties in bis representative capacity alone.

A test of representative or individual liability is whether tbe judgment, tbe suit against tbe administra*460tor as such would invite, would “fasten or establish a…

2Cases cited8 opinions

  1. Marks v. CowlesSupreme Court of Alabama · 1878
  2. Spotswood v. BentleySupreme Court of Alabama · 1902
  3. Burdine v. RoperSupreme Court of Alabama · 1845
  4. Daily's Adm'r v. DailySupreme Court of Alabama · 1880
  5. Alabama State Bank v. GlassSupreme Court of Alabama · 1886

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. Globe Indemnity Co. v. BruceCourt of Appeals for the Tenth Circuit · 1935
  3. Manegold v. BeavanSupreme Court of Alabama · 1914
  4. McKinney v. StateSupreme Court of Alabama · 1974
  5. Bartlett v. JenkinsSupreme Court of Alabama · 1925

16 more not listed; retrieve them via the Exa API.

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