United States Fidelity & Guaranty Co. v. Damskibsaktieselskabet Habil
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon, William S. Anderson. This action was brought by the appellee against the appellant. Thompson & Bailey Foundry & Machine Works entered into a contract with the plaintiff to make certain repairs upon the boiler of the steamship Hábil, within a specified time and executed bond with the defendant as surety, in the sum of $2,000, for the faithful performance of said contract.
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Appeal from the Circuit Court of Mobile. Tried before the Hon, William S. Anderson. This action was brought by the appellee against the appellant. Thompson & Bailey Foundry & Machine Works entered into a contract with the plaintiff to make certain repairs upon the boiler of the steamship Hábil, within a specified time and executed bond with the defendant as surety, in the sum of $2,000, for the faithful performance of said contract. The contract was signed in triplicate, one copy being retained by the agent of the plaintiff, one copy was sent by him to the plaintiff in Norway, and the third…
1Opinion of the Court
TYSON, J.-
The complaint in this case seeks to recover damages for an alleged breach of a bond executed by defendant as surety for certain named contractors guaranteeing the faithful performance of-all-obligations growing out of a contract made by them to repair the boiler of the steamship Hábil, belonging to the plaintiff, according to specifications embodied in said contract.
It contains two counts, (the second added by way of amendment), each of which set out the contract relied upon in haeo verba.
The contract as set forth in the first count shows a guaranty of the work to be done for six…
2Cases cited11 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Milton v. RowlandSupreme Court of Alabama · 1847
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- McGowan v. American Pressed Tan Bark Co.Supreme Court of the United States · 1887
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3Cited by5 opinions
- Fike v. StrattonSupreme Court of Alabama · 1911
- Tennessee Coal, Iron & R. R. v. BridgesSupreme Court of Alabama · 1905
- Jackson v. BohlinAlabama Court of Appeals · 1917
- Central Foundry Co. v. LairdSupreme Court of Alabama · 1914
- Central of Georgia Ry. v. LarkinsSupreme Court of Alabama · 1904